6. Article 329: Bars courts from interfering in electoral matters (e.g.

, delimitation), except through an

Chapter 11
election petition.

Elections Important Data

Category Key Facts

Voter Base Approximately 98 crore

PYQs
Voter Turnout Increased from 44% (1951) → 65.79% (2024)
[2025] Discuss the ‘corrupt practices’ for the purpose of the Representation of the People Act,
[2024] Examine the need for electoral reforms as suggested by various committees with particular Gender Participation (Voters) Women voters outnumbered men by 0.23% (2024)
reference to “one nation -one election” principle. (10)
Criminal Cases (MPs) MPs with criminal charges: 24% (2004) → 46% (2024)
[2022] Discuss the procedures to decide the disputes arising out of the election of a Member of the
Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on
Women Representation (Candidates & MPs) 45 women candidates (1957) → 799 (2024) = 9.5% of
which the election of any returned candidate may be declared void? What remedy is available to the
total - 74 elected (2024) = 13.6% of MPs
aggrieved party against the decision ? Refer to the case laws. (15)
[2022] Discuss the role of the Election Commission of India in the light of the evolution of the Model Code Political Funding (ADR Data) - Unknown income sources: 66% (2015-17) → 71%
of Conduct.
(2019-21) - Electoral Bonds: 56% of donations (2016-21)
[2022] While the national political parties in India favour centralisation, the regional parties are in favour of
State autonomy.” Comment. (15) Black Money & Probes - 41 firms (₹2,471 crore) to ruling party under probe
[2020] “There is a need for simplification of procedure for disqualification of persons found guilty of (CBI, ED, IT) - 30 shell companies purchased bonds
corrupt practices under the Representation of peoples Act” Comment (10) worth ₹143 crore

[2019] On what grounds a people’s representative can be disqualified under the Representation of People
Party-wise Electoral Bond Gains - BJP: ₹6,986.5 crore - TMC: ₹1,397 crore - Congress:
Act, 1951? Also mention the remedies available to such person against his disqualification. (15)
₹615 crore
[2018] In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are
the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? Simultaneous Elections (Logistics) - EC needs 30 lakh EVMs for nationwide simultaneous
(10) polls
[1951] Analyze whether the increase in the assets of the legislators and/or their associates, disproportionate
to their known sources of income, would constitute ‘undue influence’ and consequently a corrupt practice. Simultaneous Elections (Impact) - 77% chance same party wins Lok Sabha & Assembly
(10) elections (IDFC, 2015)

"The ballot is stronger than the bullet." - Abraham Lincoln Provisions of the Representation of the People Act, 1950
“Elections without discipline are a disaster, elections with integrity are democracy’s triumph.” - T.N. Seshan Schedules and Key Sections
(Former CEC) “India’s democracy survives not because it is perfect, but because it renews itself at every 1. The First Schedule: Allocation of Seats in the House of the People (Lok Sabha)
election.” - Ramachandra Guha “Elections in India are less about transferring power and more about a. Section 3: Governs the allocation of seats to each state and the number of seats reserved for SCs and STs
reaffirming the idea of India itself.” - Pratap Bhanu Mehta based on census data.
b. Section 4: Mandates that all seats in the House of the People shall be filled by direct election.
Constitutional Provisions (Part XV: Articles 324-329)
1. Article 324: Vests the "superintendence, direction, and control" of elections in the ECI for Parliament, 2. The Second Schedule: Total Number of Seats in Legislative Assemblies
State Legislatures, and the offices of President and Vice-President. a. Section 7: Determines the total strength of each State Legislative Assembly and the reservation of seats
for SCs and STs within those assemblies.
2. Article 325: Mandates one general electoral roll. No person can be excluded on grounds of religion, race,
caste, or sex. 3. The Third Schedule: Allocation of Seats in the Legislative Councils
a. Section 10: Governs the allocation of seats for states that have a Legislative Council (Vidhan Parishad).
3. Article 326: Guarantees Universal Adult Suffrage (voting age 18 - 61st Amendment).
b. Section 11: Deals with the delimitation of Council constituencies.
4. Article 327: Empowers Parliament to make laws regarding elections. Eg. RPA 1950, 1951.
4. The Fourth Schedule: List of Local Authorities for Council Elections
5. Article 328: Empowers State Legislatures to make laws on elections if Parliament hasn't provided for
a. Section 27: Identifies the specific local bodies (Municipalities, Zilla Parishads, etc.) whose members form
them.
the electoral college for electing members to the Legislative Councils.

141 142
Other Key Sections of RPA 1950 Election Commission of India
1. Section 13A - 13CC: Defines the administrative hierarchy: Chief Electoral Officer (CEO) at the state level,
District Election Officer (DEO), and Electoral Registration Officers (ERO).
ECI, established under Article 324 of the Constitution, oversees the electoral processes for Parliament, State
2. Section 16: Lists disqualifications for registration (e.g., non-citizenship, unsound mind, or Legislatures, and the executive offices of the President and Vice-President.
crime/corrupt practices).
3. Section 19: Conditions for registration-must be 18+ years of age and an "ordinarily resident" in the Powers and Functions of ECI
constituency. Administrative Functions
4. Section 20A: Provisions for Overseas (NRI) Voters to be registered in the electoral rolls. 1. Delimitation: Determines the territorial areas of electoral constituencies on the basis of the Delimitation
Commission Act.
5. Section 31: Penalty for making false declarations in connection with electoral rolls.
2. Electoral Rolls: Prepares and periodically revises electoral rolls; registers all eligible voters.
Representation of the People Act, 1951 3. Election Schedules: Notifies the dates and schedules of elections (General and By-elections).
1. Section 8: Disqualification on Conviction
4. Registration of Parties: Grants recognition to political parties and allots election symbols.
a. Disqualifies a person if convicted of specific offenses (e.g., promoting enmity, rape, or untouchability).
Advisory Functions
b. Section 8(3): Any person sentenced to imprisonment for 2+ years is disqualified from the date of
1. Disqualification: Advises the President and Governor on matters regarding the post-election
conviction and for a further 6 years after release.
disqualification of Members of Parliament and MLAs respectively
2. Section 8A: Disqualification on the ground of Corrupt Practices as determined by a court.
2. President’s Rule: Advises the President on whether elections can be held in a state under President's
3. Section 9 - Disqualification on the ground of dismissal from government service for corruption or
Rule to extend the period of emergency after one year.
disloyalty.
Quasi-Judicial Functions
4. Section 9A: Disqualification on the ground of holding a subsisting contract with the government for the
1. Dispute Settlement: Acts as a court for settling disputes related to the granting of recognition to political
supply of goods or execution of works.
parties and the allotment of symbols.
5. Section 10: Disqualification on the ground of being a managing agent, manager, or secretary of a
2. Inquiry Officers: Appoints officers to inquire into disputes relating to electoral arrangements.
corporation in which the government holds at least 25% share.
3. Expenditure Monitoring: Disqualifies candidates who fail to lodge their election expenses within the
6. Section 10A: Disqualification for failure to lodge election expense accounts with the ECI.
time/manner set by law (Section 10A, RPA 1951).
7. Section 29A: Mandatory registration of political parties; parties must apply within 30 days of
Supervisory Functions
formation.
1. Model Code of Conduct (MCC): Ensures strict observance of the MCC by political parties and candidates
8. Section 33 & 33A: Candidates must file an affidavit (Form 26) disclosing criminal antecedents, assets, from the date of election announcement.
and educational qualifications.
2. Monitoring Expenditure: Sets limits and monitors campaign spending to ensure a level playing field.
9. Section 77: Every candidate must keep a separate and correct account of all election expenses between
3. Poll Cancellation: Cancels polls in cases of booth capturing, rigging, violence, or other irregularities.
the date of nomination and the declaration of result.
4. Supervision of Machinery: Directs and controls the entire election staff (including police and civil
10. Section 80-81: Specifies that an election can only be questioned via an Election Petition filed in the High
servants) during the poll period.
Court within 45 days.
11. Section 100: Grounds for declaring an election void (e.g., if a candidate was not qualified or if corrupt Measures taken by ECI to strengthen the electoral process
practices were committed). 1. Electronic Voting Machines (EVMs) & Voter Verifiable Paper Audit Trail (VVPAT)
12. Section 116A - Appeal to Supreme Court against High Court’s decision within 30 days 2. Model Code of Conduct (MCC): to ensure a level playing field, maintaining public order, and preventing
13. Section 123: Corrupt Practices - Lists practices that can invalidate an election: Bribery, Undue practices such as hate speech, vote-buying, and misuse of government resources.
Influence, Appeals on grounds of religion/caste, and Booth Capturing. 3. ECINET (2026): Launched a "one-stop" digital interface integrating 40+ mobile and web applications to
14. Section 125 - Promoting enmity between groups during elections as punishable offence provide a seamless experience for voters and officials.
15. Section 125A: Penalty for filing false affidavits or concealing information. 4. 100% Webcasting: Mandated live webcasting from all polling stations (previously only "sensitive" ones)
16. Section 126: Election Silence-prohibits public meetings/campaigning during the 48 hours ending with to monitor critical poll-day activities in real-time.
the hour fixed for the conclusion of the poll. 5. Special Intensive Revision (SIR) 2025: Conducted a massive cleanup of electoral rolls across 12 States,
17. Section 126A: Restriction on the publication of Exit Polls during the specified period. removing deceased voters and duplicate entries for over 51 crore electors.
6. cVIGIL App: Empowered citizens to report MCC violations; the ECI now mandates a 100-minute
turnaround time for investigators to respond.
7. National Voters' Services Portal (NVSP): the NVSP helps voters to register, modify, and confirm their
electoral details online.
8. Voter Awareness campaigns: Eg. “Chunav ka Parv, Desh ka Garv”, for the 2024 LS election.

143 144
 9. Fast Delivery of EPIC: Implemented a new SOP (2025-26) ensuring that Electronic Photo Identity Cards 2. Both the Tarkunde (1975) and Goswami (1990) Committees suggested that ECs should have the same
are delivered within 15 days of an update. removal protection as the CEC.
10. Delisting of RUPPs: Delisted over 808 Registered Unrecognised Political Parties (by early 2026) that 3. The ECI (2016 Reform Proposal) requested the power to deregister parties.
failed to meet essential conditions, curbing the misuse of tax exemptions. 4. 2-year mandatory cooling-off period before retired ECs can accept any government role.
11. Voter-Centric Booths: Capped voters per booth at 1,200 (down from 1,500) and established "Auxiliary 5. Recalling of MPs (UK Model): Implementing a "Recall" mechanism where voters can remove an MP
Polling Stations" in high-rise residential complexes. convicted of minor crimes through a petition.
12. Accessible Voting: Provided Braille-enabled EPICs and free transport for Persons with Disabilities 6. The Standing Committee on Personnel (2013) suggested making MCC a part of the RPA 1951 to give it
(PwDs), alongside the "Vote-from-Home" facility for senior citizens. legal "teeth."
13. Delhi Declaration 2026: Hosted the IICDEM conference leading to a global commitment to clean 7. Permanent Election Tribunal: Establishing a dedicated judicial body to resolve all election petitions
electoral rolls and ethical technology use (including sharing India's ECINET platform). within a mandatory 6-month window.

Challenges and Criticisms of the ECI

1. Executive-Led Appointments: The 2023 Act replaced the CJI with a Cabinet Minister in the selection Model Code of Conduct
committee.
2. Constitutional limitations The MCC is a set of non-statutory norms agreed upon by political parties to ensure "free and fair" elections
a. Financial Dependence: Unlike the CAG or SC, the ECI’s budget is not "charged" on the Consolidated Fund by preventing the ruling party from misusing state machinery and curbing unethical campaign practices.
of India.
Historical Evolution:
b. Post-Retirement Appointments: There is no constitutional bar on ECs taking government jobs or
governorships after their tenure. 1. 1960 (Kerala): Originated as a small set of "Do's and Don'ts" for the Kerala Assembly elections.
c. Lack of security of tenure for ECs: While the CEC is removed like an SC judge, ECs can be removed on the 2. 1962 (National): Circulated nationwide during the Lok Sabha elections.
CEC’s recommendation. 3. 1979: A section on the "Party in Power" was added to curb incumbency advantage.
3. "Toothless" Model Code (MCC): The MCC lacks statutory backing, making the ECI dependent on "moral 4. 1991: The ECI (under T.N. Seshan) consolidated the MCC into its current robust form.
suasion" rather than legal force.
5. 2014: Guidelines on "Election Manifestos" were added following Supreme Court directions.
4. Impartiality concerns:
a. Opposition parties frequently allege that the ECI is slower to act against ruling party "Star Campaigners." Key Features of the MCC
b. Electoral Roll Controversies: Special Intensive Revision (SIR) has faced allegations of "selective 1. Duration: Becomes effective the moment the ECI announces the election schedule and remains in force
disenfranchisement" of specific communities. Eg. press conference by LoP until the results are declared.
5. Lack of Deregistration Power: The ECI cannot deregister a political party for violating constitutional 2. Penalties: The MCC itself has no statutory penal provisions. However, the ECI can issue warnings,
principles or failing to contest polls. censure candidates, or delay polls. Criminal violations (bribery, hate speech) are prosecuted under the
RPA 1951 and the BNS 2023 (formerly IPC).
6. Data Preservation Issues: The ECI policy to destroy CCTV and webcasting footage after 45 days limits
post-election transparency. 3. Key Provisions:
7. The rapid rise of AI-generated misinformation outpaces the ECI’s current regulatory and technological a. General Conduct: No caste/communal appeals; no use of places of worship for propaganda.
monitoring capacity. b. Party in Power: Prohibition on announcing new schemes, using government aircraft/vehicles for
campaigning, or issuing ad-funded achievements.
Major Supreme Court Judgments c. Campaigning: Meetings and processions require prior police intimation; 48-hour "Election Silence" before
1. Anoop Baranwal v. Union of India (2023): Directed a collegium (PM, LoP, CJI) for appointments until polling ends.
Parliament enacted a law to ensure neutrality.
2. S.S. Dhanoa v. Union of India (1991): Upheld the President's power to abolish the posts of Election
Objectives of the Model Code of Conduct
Commissioners, highlighting their vulnerable tenure. 1. Regulate Party and Candidate Behavior during rallies, speeches, and processions

3. Mohinder Singh Gill (1978): Confirmed ECI’s "plenary powers" under Article 324 to act where the law is 2. Level Playing Field: Prevents the ruling party from using government machinery
silent during elections. 3. Maintaining Purity and fairness of elections
4. ADR v. Union of India (2002): Established the voter's right to know the assets, liabilities, and 4. Preventing Communal Disharmony: Eg. Notices to "Star Campaigners" for divisive speeches.
educational qualifications of candidates. 5. Curbing Incumbency Advantage: Eg. ban on using state-owned helicopters for campaigning.
6. Regulating Manifestos: Prevents the promise of irrational "freebies"
Way Forward
1. The Law Commission (255th Report) recommended making ECI expenses "charged" on the 7. Ensuring Public Order: Eg. advance permission for meetings
Consolidated Fund of India for independence. 8. Ethical Campaigning: Eg. ECI warnings against personal attacks on family of candidates
9. Prohibiting Corrupt Practices: Eg. "Dry Days" 48 hours prior to the close of polling.

145 146
Limitations of the Model Code of Conduct 3. K.J. Somaiya v. Election Commission of India: Reaffirmed that while the MCC isn't a law, the ECI’s power
1. Lack of Statutory Backing ("tiger without teeth") to enforce it is derived from its "plenary powers" under Article 324.
2. Delayed Action: The ECI’s response to violations by top leaders is often perceived as slow.
Measures taken by ECI
3. The ECI cannot permanently bar a candidate solely for MCC violations.
• c-VIGIL App: citizens can report MCC violations. Flying squads to resolve complaints within 100
4. Digital Disruption: difficult to enforce on social media and encrypted platforms (WhatsApp) minutes.
5. Limited Jurisdiction over Media: MCC guidelines for TV/Print are less stringent than for political • SUVIDHA Module: A single-window system for political parties to apply for the use of public spaces,
parties. maidans, and helipads on a strict "first come, first serve" basis.
6. Freebies Paradox: Distinguishing between "welfare" and "bribes" remains a legal gray area. • Voluntary Code of Ethics (2019) for social media platforms (like Meta, Google, X) to process legal
7. Inconsistent Enforcement: Eg. Disproportionate number of FIRs filed against independent candidates requests from the ECI within 3 hours during the 48-hour silence period.
compared to "Star Campaigners."

Legalizing the MCC

Way Forward
Arguments In Favour: 1. "Paid News" and surrogate digital advertising should be explicitly classified as a "Corrupt Practice"
1. Clarity - clear, unambiguous guidelines can reduce disputes over what constitutes a violation. under RPA, 1951. (255th Law Commission Report)
2. Certainty of Punishment: Would provide clear legal consequences (jail/fines) for violations. 2. Section 126 of RPA (ban on campaigning 48 hours before polling) should include the internet, social
3. Better Deterrence: Eg. Criminalizing "Hate Speech" under MCC can act as a stronger barrier. media, and OTT platforms. (Umesh Sinha Committee)
4. Reduction in post-election Litigation 3. Independent Secretariat: Grant ECI an independent budget and secretariat to reduce reliance on the Law
5. Judicial Oversight: Decisions would be subject to court review, increasing transparency. Ministry (Law Commission 255th Report).

6. Defined Timelines: Legal statutes could mandate 24-hour resolution of MCC complaints. 4. Statutory Status for Specific Parts: Legalize only sections related to misuse of state machinery while
keeping "Conduct" consensual.
7. Empowerment of ECI: Would grant the ECI the power to disqualify candidates directly.
5. Establish dedicated election benches in High Courts to resolve MCC-related criminal cases within 30
8. Checks on Social Media: Statutory status can force tech giants to comply with ECI orders.
days.
9. Uniformity: Removes the "discretionary" element of ECI notices.
6. Mandatory AI Watermarking: Global best practice (e.g., EU AI Act) should be adopted to trace digital
• Law Commission of India (255th Report, 2015): Recommended that violation of key provisions of the misinformation during polls.
MCC should be made an electoral offence under the RPA, 1951. 7. Deregistration Power: Amend the RPA to allow ECI to deregister parties for chronic and severe MCC
• Subhash Kashyap, a noted constitutional expert, supports limited legalisation of MCC to address major violations.
violations while keeping flexibility for minor issues.

Criminalization of Politics:
Arguments Against:
1. The SC in Harbans Singh Jalal case opined that legalising MCC may not be a suitable option 1. As per ADR, in 18th LS, a record 251 (46%) of the 543 newly elected members have criminal cases
registered against them and 27 of them have been convicted. (30% in 15th LS).
2. Judicial Delay in election disputes.
2. 31% of MPs and 29% of MLAs have declared serious criminal charges against them.
3. Loss of Flexibility: The current "negotiated" nature of MCC allows for quick ECI intervention.
3. 54% of MPs from UP have criminal cases registered against them
4. Most serious MCC violations (bribery, violence) are already covered under the RPA/BNS.
4. Candidates with criminal records have a 15.5% chance of winning, compared to just 4.7% for those with
5. Weaponization of Law: Eg. frivolous FIRs to tie up opponents in court during polls.
clean records. (ADR)
6. ECI Autonomy: Can lead to "Judicial Takeover" of the election process.
5. 90% of candidates with criminal cases are "crorepatis" (millionaires). (ADR)
7. End of Consensus: Parties might refuse to agree to new norms if they are legally binding.
8. Administrative Burden on Police and Judiciary Reasons:
9. Vagueness: Terms like "decency" and "morality" are hard to define strictly.
10. Conflict with Free Speech: can be challenged as violation of Article 19(1)(a). 1. Politician-Criminal Nexus - NN Vohra Committee Report, 1993 stated that the cost of contesting
elections made politicians depend on the underworld network.
Major SC Judgments on MCC
2. Inefficient Legal System: mere 6% conviction rate for politicians involved in crimes. Over 5,000 cases
1. Union of India v. Harbans Singh Jalal (2001): Confirmed that the MCC comes into force the moment the
against MPs/MLAs are currently pending in various special courts.
ECI issues the press release announcing the poll dates.
3. Weak Intra - Party Democracy: Centralized candidate selection often overlooks local objections,
2. S. Subramaniam Balaji v. Govt. of Tamil Nadu (2013): Directed the ECI to include guidelines on Election
promoting candidates with criminal records due to their winnability.
Manifestos within the MCC to regulate freebies.

147 148
 4. Voter Apathy and Ignorance: In disadvantaged areas, 4. Establishment of 12+ Special Courts dedicated to to dispose of cases within one year of charges being
immediate benefits from criminal-backed candidates framed.
sway voter decisions, neglecting long-term governance 5. Voter Awareness: ECI’s "Know Your Candidate" (KYC) app
issues.
6. PUCL v. UoI (2013) introduced NOTA to pressure parties into fielding clean candidates.
5. High Cost of Elections - Political parties often prefer
7. Strict enforcement of the 48-hour silence period under MCC to curb corrupt practices
“winnable candidates” regardless of their criminal
8. Capping Expenditure: ECI periodically raises spending limits to encourage legal funding over "black
history, prioritizing electoral success over ethical
money" usage. Eg. Recent hike to ₹95 lakh for major Lok Sabha constituencies.
considerations.
9. Striking Down Sec 8(4): stay on "sentence" doesn't stop disqualification. Only stay on "conviction"
6. Electoral Advantages for Criminals
works.
a. Muscle power helps candidates intimidate opponents
and influence voters, especially in weakly governed 10. Digital Surveillance: Integrated cVIGIL app reports allow citizens to report violation of MCC
areas.
Other SC judgments
b. Candidates with criminal backgrounds are perceived as
“doers” who can get things done,” especially where governance is inefficient or corrupt. • Rambabu Singh Thakur v. Sunil Arora (2020): Parties must explain why they chose a candidate with
criminal antecedents over others.
• Ashwini Upadhyay v. UoI (2021): Ordered that criminal cases against legislators cannot be withdrawn
c. Vote Bank Politics - Voters often support such by State Governments without High Court permission.
individuals due to their local dominance,
caste/community influence, or ability to deliver
quick results.
Various Recommendations:
7. Although the SC mandated criminal affidavit
1. Barring at Charge-sheet Stage: The Law Commission (244th Report) recommended barring candidates
disclosures (2003), voter behavior has not
if "charges are framed" for heinous crimes.
b9significantly changed. (ADR report).
2. Lifetime Ban: Implement a permanent ban on convicted persons from contesting, as suggested by the
Impacts: Election Commission.
1. Undermines Democratic Institutions - Erodes the 3. Intra-Party Reforms: Enact a law making it mandatory for parties to have internal democracy and
sanctity of Parliament and State Assemblies transparent candidate selection.
2. Poor Governance and Corruption - Eg. cash for 4. Partial State Funding of Elections: Explore the Indrajit Gupta Committee report to reduce reliance on
questions scam "black money" strongmen.
3. Encourages a Culture of Violence and Intimidation - 5. False Affidavit Punishment: Increase jail time for hiding criminal records from 6 months to 2 years
Political competition becomes fear-based rather (triggering disqualification).
than issue-based or ideologically driven.
6. Dinesh Goswami Committee - Strengthen enforcement and provide statutory status to MCC
4. Hampers Legislative Quality - lack the education,
vision, or ethical compass leads to a decline in debate Special Intensive Revision (SIR)
quality, policy oversight, and lawmaking standards. SIR is a focused, time-bound house-to-house enumeration process where Booth Level Officers (BLOs)
5. Threat to Rule of Law - Politicians with criminal backgrounds can manipulate legal systems and law physically visit households.
enforcement, fostering a culture of impunity and lawlessness Unlike the routine annual "Summary Revision," SIR involves physical door-to-door verification of every
6. Poor Governance: fuels widespread corruption, mismanagement and policy paralysis. single voter entry to ensure the integrity of the democratic process.
7. Social and Ethical Impacts: Objectives
8. Erosion of Moral Fabric of society 1. Verify the physical presence and residency of every registered voter.
9. Reduced Civic Participation as the electorate loses faith in the political system. 2. Remove "Ghost Voters" (deceased, duplicate, or permanently shifted).
3. Register newly eligible citizens (who turned 18) or previously missed residents.
Steps Taken to Tackle Criminalization
1. Mandatory Disclosure: Candidates must file an affidavit (Form 26) declaring all pending criminal cases. 4. Incorporate high-security Electors Photo Identity Cards (EPIC) with 100% coverage.
(ADR v. Union of India (2002)) History of SIR in India
2. Sitting members convicted for 2+ years lose their seat immediately without a grace period. Lily 1. The first intensive revisions were conducted between 1952-1956 to create the nascent nation's first
Thomas (2013) judgment reliable voter database.

3. Publicity of Records: Parties must publish criminal backgrounds of candidates on their websites and in 2. SIR has been conducted approximately 14 times in India's history (e.g., 1983, 1995, 2002, 2004, and the
newspapers. current 2025-26 cycle).

149 150
Legal Provisions 3. Association for Democratic Reforms v. ECI (2026): The SC emphasized that "conclusive determination"
1. Article 324: Grants the ECI the power of "superintendence, direction, and control" over electoral rolls. of voter eligibility must not be sacrificed for "procedural timelines."
2. Representation of the People Act, 1950 (Section 21): Authorizes the ECI to carry out a special revision of
Way Forward
the electoral roll at any time for reasons recorded in writing.
1. Automatic Deletion via Death Registry: Link the Civil Registration System (CRS) directly to voter rolls
3. The Registration of Electors Rules, 1960: Lays down the specific procedural framework for
to remove the dead automatically.
house-to-house enumeration and verification.
2. Provide BLOs with tablets for Geo-tagged house verification to prevent "fake" site visits.
• Phase II resulted in a 10.2% reduction in total electors (from 51 crore down to 45.8 crore). 3. Permanent Appellate Tribunals: Establish year-round judicial tribunals for voter rolls instead of
• UP recorded highest net deletion of ~2.05 crore names (13.2% of the state's electorate). last-minute temporary setups.
• West Bengal: Purged 91 lakh voters since October 2025 4. Independent Audit: Allow Civil Society Organizations to conduct post-revision sample audits to check
• Bihar: Approximately 47 lakh voters (6% of the electorate) were removed. for bias.
5. Flexible Documentation: Accept a wider range of residency proofs (like electricity bills or community
certificates).
Need for Special Intensive Revision (SIR) 6. Use blockchain to track the audit trail of every deletion, making officials accountable for arbitrary
1. Purifying the Rolls: Eliminates "Ghost Voters" who have died or shifted. removals.
2. Preventing Voter Impersonation: 100% physical verification ensures that no one can vote on behalf of a
deceased person.
Proxy voting in India
3. Inclusion of Marginalized Groups: Door-to-door visits reach remote tribes or women who may not go to
registration centers.
Proxy Voting is a facility where a registered voter can delegate their voting power to a representative (proxy)
4. Prepares the base for upcoming reforms like the Common Electoral Roll for all three tiers. to cast the vote on their behalf.
5. Ensures only legal citizens are on the roll, a critical mandate under Section 16 of RPA.
Currently, proxy voting is strictly limited to "Classified Service Voters" (CSVs). This includes:
6. Provides accurate population-to-voter ratios ahead of the post-2026 delimitation exercise.
1. Armed Forces: Members of the Army, Navy, and Air Force.
7. Regular "cleansing" of the list builds public trust in the "One Person, One Vote" principle.
2. Paramilitary Forces: Members of the BSF, CRPF, CISF, ITBP, etc.
8. Tracks rural-to-urban migration patterns to adjust polling booth locations and resources.
3. State Armed Police: Personnel serving outside their state.
Major Challenges in SIR Exercise 4. Government Employees: Those posted abroad in Indian Missions.
1. Risk of Disenfranchisement: Rapid, top-down deletions can mistakenly remove legitimate, poor, or 5. Spouses: The spouse of a service voter (if residing with them) is also eligible for the proxy facility.
homeless citizens.
6. While the Representation of the People (Amendment) Bill to allow NRIs proxy voting has been discussed,
2. Administrative Overburden: Booth Level Officers (BLOs) are overwhelmed by tough targets and tight the primary legal mechanism for overseas voters remains in-person voting or the Electronically
deadlines. Eg. cases of suicides in WB Transmitted Postal Ballot System (ETPBS).
3. Documentation Hurdles: Requirement of "legacy documents" or birth certificates excludes those
without formal records. Legal Provisions
1. Representation of the People Act, 1951: Section 60 was amended in 2003 to allow for the appointment of
4. Political Misuse: Allegations that deletions are used by ruling parties to target specific voter blocks.
a proxy by service voters.
5. Verification Subjectivity: BLOs may exercise personal bias during house visits, leading to arbitrary
2. Conduct of Election Rules, 1961: Rules 27L to 27V lay down the specific procedure for appointing,
"shifted" markings.
revoking, and voting via proxy.
6. Delayed Grievance Redressal: Eg. Only a fraction of the 6 million claims in WB were resolved before
3. Form 13F: The legal instrument used to nominate a proxy, which must be signed before a First Class
poll-freeze.
Magistrate or a Notary.
7. Voter Apathy/Fear: Many residents refuse to provide documents, fearing a "Stealth NRC" or citizenship
test. Benefits of Proxy Voting
8. Technological Gaps: Offline data collection by BLOs often leads to manual entry errors during final 1. Ensuring Franchise Rights to service voters
digital uploading. 2. Avoids the "postal delay"- proxy voting ensures the vote is cast on election day itself day.
3. Administrative Ease: Reduces burden on ECI to set up booths in restricted military areas.
Major Supreme Court Judgments
1. Lal Babu Hussein v. Electoral Registration Officer (1995): Held that the right to be on the electoral roll is 4. Gender Neutrality: Recent amendments (2025-26) replaced "wife" with "spouse", allowing male spouses
not just a statutory right but a key part of democratic participation. of female officers equal rights.

2. Election Commission of India v. Ashok Kumar (2000): Affirmed that the ECI has plenary powers to 5. Constitutional Validity: Upholds Article 326
ensure error-free rolls, provided it follows natural justice.

151 152
 6. Reliability: Proxies are usually family members, ensuring the voter's trust is maintained in the choice Reasons:
made. 1. Vote Bank Politics - “Us vs. Them” narratives are crafted to consolidate vote banks
7. Cost-Effective for Voters: Saves the financial burden of travel to vote. 2. Used as strategic tools to divert attention from governance failures or corruption.
3. Deep-rooted religious and caste identities create fertile ground for identity-based rhetoric.
Major Challenges in Proxy Voting
1. Violation of "Secret Ballot" principle 4. Social Media Amplification - Hate speech spreads virally, driven by algorithms that favor
sensationalism.
2. "One Man, One Vote" Risk: A single person acting as a proxy for multiple people.
5. Weak Legal Enforcement - selective, delayed, or politically influenced enforcement of laws
3. Trust Deficit: Political parties often object to proxy voting, fearing it could be used for "proxy booth
capturing." 6. Media Sensationalism - it gets prime-time coverage, providing a platform for provocative figures

4. Exclusion of Domestic Migrants: Currently, the facility is for service voters only, leaving 45 crore internal 7. Growth of religious nationalism and cultural majoritarianism emboldens hate speech. Eg. “defense of
migrants without options. culture” narratives.

5. Potential for Fraud: Forged identity documents to impersonation at the polling booth. 8. Competitive Populism - near elections parties compete to appear “strong” on identity issues

6. Administrative Complexity: Maintaining a separate "Proxy Register" at every booth increases the Impact:
workload of the Booth Level Officer. 1. Threat to Social Harmony and Communal Peace - Eg. Muslim Migration after Muzaffarnagar (2013) riots

Way Forward 2. Policy Distortion: Eg. Legislative focus on "Land Jihad" laws over economic or developmental issues.
1. Move toward Electronic Postal Ballots (ETPBS). 3. Economic Boycotts: Speeches often include calls for the financial exclusion of minority-run businesses.
2. Explore blockchain-based remote voting to eliminate the need for a physical proxy. 4. Psychological Harm: Eg. Dehumanizing language like "parasites" causes deep social alienation among
3. French Model: voter can give "Power of Attorney" to any other registered voter via a simple minority youth.
police-verified form. 5. Undermines the principles of secularism, equality, and fraternity enshrined in the Constitution.
4. Use Aadhaar-based biometric checks for proxies at the booth. 6. Erodes Rule of Law - Repeated hate speeches with no consequences create a culture of impunity.
5. Extend proxy facilities to senior citizens (80+) and PwDs to improve accessibility. 7. Destabilizes Governance and Public Order - Hate speech provokes mob violence or vigilante attacks.
8. Misinformation and Radicalization via Social Media, leading to echo chambers and mob mentality.
9. Shrinks Civic Space and Free Expression - Critics of hate speech face online abuse, threats, or violence.
Hate Speeches
10. Damages India’s Global Image as a tolerant, pluralistic democracy.
1. Law Commission (267th Report): Defines hate speech as an incitement to hatred primarily against a 11. Long-Term Societal Impact - Normalizes prejudice, discrimination, and dehumanization.
group of persons defined in terms of race, ethnicity, gender, sexual orientation, or religious belief.
Steps Taken:
2. UN Framework: Characterizes it as any communication that attacks or uses pejorative/discriminatory
1. Suo Motu Action: The SC (Shaheen Abdulla v. UoI) directed police to register FIRs even without a
language against a person/group based on "who they are."
complaint.
• India Hate Lab Report (January 2026): Recorded a 13% rise in hate speech incidents in 2025 (1,318 2. C-Vigil App: ECI’s tool for citizens to report "inflammatory speeches" with a 100-minute response time.
events) compared to 2024 (1,165 events). (668 in 2023) 3. ECINET Social Media Cells: Specialized units (2025-26) to track and request take-downs of viral hate
• Odisha and Karnataka proposed dedicated "Hate Speech and Hate Crimes (Prevention) Acts" to fill gaps content.
in the Bharatiya Nyaya Sanhita (BNS). 4. Nodal Officers: Appointment of district-level officers to prevent mob violence and hate gatherings
• Approximately 98.5% of these incidents targeted Muslims (Tehseen Poonawalla guidelines).
• As per Association for Democratic Reforms (ADR) and National Election Watch (NEW), 107 MPs and 5. Temporary Campaign Bans: ECI (2026) used "silent periods" and 72-hour bans for repeat hate-speech
MLAs have hate speech cases registered against them. offenders.
6. State-level Bills: Introduction of the Odisha Hate Speech Bill (2026) with 7-year jail terms.
7. Media Ethics Guidelines: NBA and ECI (2025) issued fresh codes to stop TV channels from hosting
Legal Provisions in India divisive debates.
1. Bharatiya Nyaya Sanhita, 2023: Section 196 (formerly IPC 153A) penalizes promoting enmity between
groups; Section 299 (formerly IPC 295A) punishes acts outraging religious feelings. Supreme Court Judgements:
2. Representation of the People Act (RPA), 1951: Sections 123(3A) and 125 classify the promotion of enmity 1. Shaheen Abdulla v. Union of India (2022/2023): Mandated police to take Suo Motu action against hate
as a "corrupt practice" and an electoral offense. speech regardless of religion.
3. SC/ST Act, 1989: Penalizes hate speech targeting Scheduled Castes or Tribes in public view. 2. Shreya Singhal v. UoI (2015): Differentiated between "advocacy" and "incitement," holding only the
latter as punishable.

153 154
 3. Pravasi Bhalai Sangathan (2014): Urged the Law Commission to define hate speech to avoid judicial 4. Lack of Transparency: Most agencies do not disclose their methodology, weighting, or funding
overreach. sources.
4. Tehseen Poonawalla v. UoI (2018): Issued comprehensive guidelines against lynching and mob speech, 5. Stock Market Volatility: Premature or inaccurate exit polls lead to massive fluctuations in the
including nodal officers. sensex/nifty.
6. "Paid Polls" Risk: Potential for political parties to fund "biased polls" to demoralize opposition cadres.
Way Forward:
7. Complexity of Multi-Phase Elections: Exit polls for Phase 1 can indirectly influence voters in Phase 7 if
1. Use the UN's 6-part test (Context, Speaker, Intent, Content, Extent, Likelihood) to identify hate speech.
leaked.
2. Statutory Status for MCC: Give the ECI the legal power to deregister parties for chronic hate-speech
8. Voter Fatigue: Constant polling and "doorstep surveys" lead to voter irritation and dishonest responses.
violations.
9. Inadequate Rural Representation: "Urban Bias" in sample collection.
3. Fast-Track Courts: Establish dedicated benches to resolve hate-speech cases within 6 months to prevent
"electoral gain."
Way Forward
4. Media Literacy: Integrate "propaganda identification" into the NCERT curriculum 1. Mandate agencies to publish sample size, margin of error, and funding alongside results.
5. Mandatory Sensitivity Training: For police and magistrates to identify "othering" narratives accurately. 2. Empower ECI to audit the methodologies of polling agencies to ensure scientific rigor.
3. Rules to prevent "insider trading" based on advance knowledge of exit poll data.
Opinion Polls and Exit Polls 4. Establish a Professional Body for Pollsters (like the AAPOR in the USA) to set ethical codes.
5. Voter Literacy: ECI campaigns to educate voters that polls are predictions, not results.
While Opinion Polls (conducted before voting) and Exit Polls (conducted after voters leave the booth) provide 6. Encourage University-led polling (like CSDS-Lokniti) which is traditionally more transparent.
data-driven insights, they have potential to sway the elections..
7. Digital Watermarking of "official" poll graphics to prevent the spread of fake/edited polls.
Legal Provisions
Disqualification of candidates
1. Section 126(1)(b) of RPA, 1951: Prohibits the display of any "election matter" (including Opinion Polls) on
TV or similar apparatus during the 48-hour "Silence Period" before the conclusion of the poll. Grounds for Disqualification under RPA, 1951
1. Conviction for Specific Offenses (Section 8):
2. Section 126A of RPA, 1951: Specifically restricts Exit Polls. It prohibits the conduct and dissemination of
exit poll results from the commencement of the first phase of polling until half an hour after the close of 2. Corrupt Practices (Section 8A)
polling in the final phase. 3. Dismissal for Corruption (Section 9)
3. Penalty: Violation of Section 126A is punishable by up to two years of imprisonment, a fine, or both. 4. Government Contracts (Section 9A)
4. Article 324: The Election Commission (ECI) uses its plenary powers to issue guidelines for print media 5. Failure to Lodge Election Expenses (Section 10A)
(which is not strictly covered by Sec 126) to ensure they don't publish polls during the prohibited 6. False Affidavit (Section 125A)
window.
Grounds for Declaring an Election Void (Section 100) by HC
1. Lack of Qualification (Sec 100(1)(a)): On the date of the election, the candidate was not qualified or was
Objectives of Opinion and Exit Polls
disqualified under the Constitution or the RPA.
1. Voter Sentiment Mapping
2. Corrupt Practices (Sec 100(1)(b)): Any corrupt practice (as defined in Section 123) was committed by the
2. Early Result Indication
candidate, their election agent, or any other person with their consent. Eg. Bribery, undue influence, or
3. Demographic Analysis
appealing to religion/caste.
4. Issue Identification
3. Improper Rejection (Sec 100(1)(c)): Any nomination was improperly rejected by the Returning Officer.
5. Campaign Success Assessment
4. Materially Affected Result (Sec 100(1)(d)): The result was "materially affected" by:
6. Democratic Engagement a. Improper acceptance of any nomination.
7. Academic/Sociological Research b. Corrupt practices by an agent (without the candidate's consent).
8. Fraud Deterrence (Indicator of anomalies) c. Improper reception or refusal of any vote.
d. Non-compliance with the Constitution or the Act/Rules.
Issues with Opinion and Exit Polls in India
1. The "Bandwagon Effect": Polls can influence undecided voters to "join the winner," distorting free Procedure for Disqualification
choice. 1. At the Nomination Stage:
2. Sampling Errors: Eg. Many 2024 polls used samples of <0.1% of the electorate, leading to significant a. Scrutiny (Section 36): The Returning Officer (RO) examines nomination papers. If the candidate is
seat-projection misses. disqualified under the Constitution or RPA, the RO rejects the nomination.
3. Media Sensationalism: Channels often present "raw data" as "final seats" to increase TRPs, causing 2. For Sitting Members:
public confusion.

155 156
 a. Immediate Disqualification: Per the Lily Thomas (2013) judgment, any member convicted for 2+ years b. Vague definition of corrupt practices (Sec. 123) leads to inconsistent rulings.
stands disqualified immediately, without the 3-month grace period previously allowed. c. Ambiguity in the office of profit causes arbitrary disqualifications. Eg. Delhi (2018): 20 AAP MLAs
b. Constitutional Authority: The final decision rests with the President (for MPs) or the Governor (for disqualified, later reinstated.
MLAs), who must act as per the mandatory advice of the Election Commission (Articles 103 and 192). 3. Legal and Constitutional Loopholes
3. Election Petition (Section 80): A post-election procedure where a voter or candidate challenges the a. No Interim Measures: There’s no provision to suspend a legislator’s functions pending the outcome of
result in the High Court within 45 days. disqualification proceedings.
a. Who can file? A candidate or any elector of the constituency can challenge the election. b. Conflict of Roles: The dual role of political and constitutional actors (like the Speaker or Governor) creates
b. Trial Procedure (Section 86-87): conflicts of interest.
c. The High Court must endeavor to conclude the trial within six months. 4. Loopholes in anti-defection law
d. The High Court has the power to dismiss a petition summarily if it does not comply with the provisions of a. Delays in decisions
the Act (e.g., failure to join necessary parties). b. Political bias of the Speaker

Examples of Election Petitions: 5. Judicial delays prolong uncertainty in representation. Eg. Shiv Sena case pending since 2022

• Mamata Banerjee (2021), filed an election petition in the Calcutta High Court challenging the results of Recommendations for the Future:
the Nandigram Assembly election.
Law Commission of India
• Allahabad High Court invalidated Indira Gandhi’s election from Rae Bareli due to allegations of 1. 244th Report (2014):
corruption.
a. Disqualify candidates at the stage of framing of charges (serious offences with ≥5 years
• Congress leader C P Joshi filed an election petition after losing the 2008 Rajasthan Assembly election
punishment).
by a single vote.
b. Exempt cases where charges are filed within 1 year before elections to prevent misuse.
c. Mandate fast-track courts to conclude trials of legislators within a year.
d. Introduce stricter penalties for false affidavits, including criminal penalties (≥2 years).
Remedial Measures Available
1. Stay on Conviction (Not just Sentence): 2. 255th Report (2015):

a. To stop or reverse an automatic disqualification under Section 8, the candidate must obtain a stay on the a. Shift decision-making on defection from Speaker to President/Governor, acting on Election
conviction from an appellate court. Commission’s advice.

b. Eg. In 2023, the Supreme Court stayed the conviction of Rahul Gandhi in a defamation case, which b. Suggested repealing the merger clause (two-thirds provision).
subsequently restored his Lok Sabha membership. Election Commission of India
2. Election Petition against RO’s Decision: If a nomination is rejected, the candidate cannot immediately 1. Advocates charge-sheet-based disqualification for serious criminal offences.
go to court due to Article 329(b). They can file an Election Petition in HC after the election (Section 80) 2. Endorses binding time limits for decision-making on disqualification matters.
within 45 days. If successful, the election of the winner is declared void, and a by-election may be
Parliamentary & Other Committees
ordered.
1. Dinesh Goswami Committee (1990): Delete provisions allowing group defections.
3. Appeals (Section 116A): Decisions of the High Court on election petitions can be appealed to the
2. NCRWC (2002):
Supreme Court within 30 days.
a. Suggests independent tribunals for adjudicating disqualification.
4. Power of the Election Commission (Section 11):
b. Recommends constructive vote of no confidence to maintain stability.
a. The ECI has the power to remove or reduce the period of disqualification (except for those disqualified
3. 2nd Administrative Reforms Commission (ARC, 2007):
under Section 8A for corrupt practices).
a. Anti-defection law should apply only to votes impacting government survival.
b. Eg. The ECI reduced the disqualification period of a former Sikkim Chief Minister to allow him to contest
b. Define ambiguous terms like “office of profit” and “voluntarily give up membership.”
elections.
5. Representation to the ECI (Section 10A cases): If disqualified for failing to file expense accounts, the SC Judgements Related to Disqualification:
candidate can apply to the ECI for a "removal of disqualification" by showing "sufficient reason" for the
• Lily Thomas v. Union of India (2013): Struck down Section 8(4) of RPA, making disqualification
delay or failure.
immediate upon a 2+ year conviction.
Challenges Related to Legislative Disqualification: • Kihoto Hollohan v. Zachillhu (1992): Declared the Speaker a "Tribunal" for defection cases, making
1. Low Conviction Rate: The conviction rate for MPs/MLAs is only 6%. their decisions subject to Judicial Review.

2. Ambiguity in Grounds for Disqualification • Public Interest Foundation v. Union of India (2018): Directed Parliament to legislate to bar criminals
from contesting; mandated candidates to publicize criminal antecedents.
a. Multiple Sources of Disqualification: Articles 102 and 191 of the Constitution, the Representation of the
People Act, 1951, and the Tenth Schedule (Anti-Defection Law). This multiplicity often leads to confusion • Abhiram Singh v. C.D. Commachen (2017): Held that appealing for votes based on religion or caste is a
and interpretational disputes. "corrupt practice" (Sec 123).

157 158
 2. The party secures at least 6% of the valid votes polled in the state during a Lok Sabha General Election
• Keisham Meghachandra v. Hon'ble Speaker Manipur (2020): Ruled that the Speaker must decide
AND wins at least one seat in the Lok Sabha from that state.
disqualification petitions within a "reasonable time" (3 months).
3. The party wins at least 3% of the total number of seats in the Legislative Assembly OR at least three
• Padi Kaushik Reddy v. State of Telangana (2025): The SC fixed a 4-week timeline for Speakers to set a
seats in the Assembly, whichever is more.
hearing schedule for defection.
4. The party wins at least one seat in the Lok Sabha for every 25 seats (or any fraction thereof) allotted to
• Nabam Rebia v. Deputy Speaker (2016): Ruled that a Speaker cannot decide disqualification petitions if
that state.
they themselves are facing a removal motion.
5. If a party fails to win any seats but secures at least 8% of the total valid votes polled in the state (either
in Lok Sabha or Assembly elections), it is eligible for State Party status.
Key Benefits of Recognition
1. Exclusive Symbols: National parties have a reserved symbol used across India. State parties have a
Party System
reserved symbol for use within that specific state.

According to Edmund Burke, “Political parties are a group of people sharing common ideology and coming 2. Free Airtime: free broadcast time on Akashvani (AIR) and Doordarshan during elections.
together for the pursuit of common interest.” 3. Electoral Rolls: Recognized parties receive two free copies of the electoral rolls.

“Parties are organized opinions.” - Benjamin Disraeli 4. Star Campaigners: They are allowed up to 40 star campaigners (unrecognized parties get only 20),
whose travel expenses are not added to the candidate’s election budget.
• There are total 6 national and 67 state parties 5. Eligible for government land/bungalows for party headquarters at subsidized rates.
• Registered Unrecognized (RUPPs) - over 2500
Significance of the Party System in a Democracy
• Communist Party of India (CPI), Nationalist Congress Party (NCP), and All India Trinamool Congress
1. Institutionalization of Political Competition (Sartori)
(AITC) lost their National status in 2023
2. Act as a link Between State and Citizens, ensuring participation and pluralism.
• In August 2025, the ECI delisted 334 Registered Unrecognized Political Parties for failing to meet basic
compliance, such as contesting elections or providing updated addresses. 3. Simplifies Political Choice (Duverger) - simplify voter decisions by organizing ideologies and candidates
under identifiable labels. Eg. BJP’s hindutva vs. Congress’s secularism
4. Collective accountability - Voters can reward or punish parties in government. Eg. Voters punished UPA
Evolution: in 2014 for corruption issues.
5. Promotes Political Socialization (David Easton) - Eg. Youth wings like NSUI, ABVP train future leaders.
6. Aggregates and Articulates Interests - Almond & Verba (Civic Culture) - Parties convert diverse interests
into coherent policies in their manifesto.
7. Provides a legitimate channel for dissent through organized opposition in Parliament.
8. Institutionalized party systems ensure predictable competition and government stability.
9. Representation of Diversity - Parties allow minorities and regions to participate through inclusive,
coalition-based politics.
10. Samuel Huntington (Political Order Theory) - Parties channel social conflicts into legitimate political
competition, preventing instability.
11. Facilitates Peaceful Transfer of Power - Party competition provides a stable mechanism for leadership
Recognition of political parties change without violence.
Criteria for Recognition as a National Party
Issues with Party System in India:
1. Four-State Rule: The party is recognized as a "State Party" in at least four states.
1. Rise of Personality-Driven and Dynastic Politics - Eg. RJD, DMK.
2. Performance in Lok Sabha & Assembly: The party wins at least 6% of the total valid votes in any four or
2. Criminalization of Politics - As per ADR, 46% of sitting Lok Sabha MPs face criminal charges, with 31%
more states in a General Election (Lok Sabha or State Assembly) AND, in addition, it wins at least four
involving serious offences like murder, attempt to murder, and rape.
seats in the Lok Sabha from any state or states.
3. Weak Intra-Party Democracy - Most parties lack internal elections, policy debates, or grassroots
3. Three-State Lok Sabha Rule: The party wins at least 2% of the total seats in the Lok Sabha (11 seats out
involvement. Eg. high command culture
of 543), and these members are elected from at least three different states.
4. Lack of Transparency in Candidate Selection - opaque ticket distribution processes favor wealthy,
Criteria for Recognition as a State Party connected, or loyal candidates over capable ones.
1. The party secures at least 6% of the valid votes polled in the State Legislative Assembly election AND
5. Defections - Eg. “Horse trading” during floor tests or Rajya Sabha elections.
wins at least two seats in that Assembly.

159 160
 6. Regionalization and Fragmentation - Proliferation of regional parties has led to coalition politics and Arguments Against
policy paralysis. Eg. UPA-II 1. Political Vendetta: Parties fear that rivals will use "frivolous" RTI queries to stall their functioning
7. Decline of Mass-Based Party Structures 2. Strategic Secrecy: Disclosure of "strategy meetings" or alliance talks could compromise a party's
a. Christophe Jaffrelot highlights the decline of ideology-driven mass movements and rise of electoral competitive edge.
machines. 3. Privacy of Donors: Fear of harassment by the ruling party can discourage donors.
b. Many parties are no longer rooted in social movements or worker participation (e.g., decline of CPI(M) 4. Conflict with Free Speech: Parties argue they are voluntary associations protected under Article 19(1)(c).
cadre model).
5. Administrative Burden: Most parties lack the infrastructure to handle the volume of RTI applications.
8. Frequent suspensions, limited speaking time, and surveillance have weakened the deliberative function
6. Disclosure of internal deliberations on "ticket distribution" could lead to internal rebellions.
of opposition parties.
9. Yogendra Yadav - identity-based mobilization (caste, religion, region) has overtaken program-based Way forward
politics. 1. Enact a separate “Political Party Transparency Law” to bring parties under RTI ambit. Restrict the RTI
10. Erosion of Party Ideologies due to rise of catch all parties. Eg. cash transfer policies by both BJP and scope to:
Congress a. Financial disclosures (donations, expenditure, electoral bonds)
11. Opportunistic pre-poll or post-poll alliances without common minimum programs. Eg. The Maha b. Organizational details (internal elections, constitution, office-bearers)
Vikas Aghadi (MVA) alliance in Maharashtra c. Public resource usage (land, subsidies, free airtime)
12. Freebies Culture - distribution state resources in exchange for loyalty, creating systems of patron-client 2. Mandate Annual Transparency Reports on funding, and decision-making processes
relations. (Atul Kohli) Eg. Ladli behna scheme 3. Empower ECI to audit party accounts through CAG-approved auditors. (Venkatachaliah Commission)
4. Digital Transparency: Mandate real-time disclosure of all donations over ₹2,000 on party websites.
Political Parties under RTI 5. Global Best Practice (Germany): Parties receive state funding only if they follow strict transparency and
internal democracy laws.
In 2013, CIC declared six national parties as "public authorities" under Section 2(h) of the RTI Act as they
receive indirect government funding (land at concessional rates, tax exemptions, free airtime).
Intra-party democracy
Political parties have consistently refused to comply, arguing they are not "public authorities." They have
not appointed Public Information Officers (PIOs) as required. Intra-party democracy refers to the practice of democracy within political parties, ensuring that
A PIL filed by ADR and Ashwini Upadhyay is currently pending in the Supreme Court. decision-making is carried out in a transparent, participatory, and accountable manner by party members.

Presently, there is no statutory backing for internal democratic regulation of political parties in India and the
Arguments in favour
only governing provision is under Section 29A of the Representation of the Peoples’ Act, 1951 (dealing with
1. Financial Transparency: Citizens can track the exact source of funding, including small donations
registration of political parties).
currently hidden under the ₹20,000 threshold.
2. Institutionalizing Parties: RTI encourages parties to maintain better records, professionalizing their Key Features
internal administration. 1. Regular internal elections for leadership posts.
3. Curbing Corruption: Eg. Scrutiny of funds could prevent the "Crony Capitalism". 2. Transparent candidate selection for elections.
4. Informed Electorate: allows voters to judge party’s true intent and democratic functioning 3. Inclusive decision-making through debates and consultations.
5. Public trust increases when selection criteria for candidates are made transparent. 4. Accountability of leadership to party members.
6. Checks on Criminalization: RTI could reveal the internal deliberations for fielding candidates with 5. Protection of dissent and internal criticism.
criminal backgrounds.
7. Public Accountability: Parties enjoy 100% tax exemption under Section 13A of the IT Act. RTI ensures
Significance:
this public subsidy is audited. 1. Prevents Hero Worship - As Dr. B.R. Ambedkar stated, "In politics, Bhakti or hero worship is a sure road
to degradation and eventual dictatorship."
8. Reducing Black Money: Transparency forces parties to move away from cash-heavy transactions to
digital, traceable formats. 2. Reducing Criminalization in Politics

9. Global Alignment: It brings India in line with advanced democracies like Germany and the UK, where 3. Strengthens Internal Accountability- Ensures party leaders remain answerable to members
party finances are public. 4. Prevents Dynastic Politics and Concentration of Power (High Command Culture)
10. Foreign Contributions: need for transparency to prevent external influence on policies. 5. Promotes Transparency and Openness- Eg. collective protest by group of 23, or the G 23 led to
11. Legal Safeguards: Section 8(1) of the RTI Act ensures sensitive information remains protected, balancing presidential polls in Congress
transparency with confidentiality for political parties. 6. Improves Candidate Selection- merit-based nominations instead of nepotism or favoritism.

161 162
 7. Enhances Representation- Provides space for youth, women, and marginalized groups. 3. Power Sharing Arrangement
8. Encourages Policy Responsiveness as Party decisions reflect grassroots opinions 4. Collective Decision-Making
9. Prevention of Defections as leaders as loyal to party 5. Consensus-Based Governance
6. Political Instability
Issues:
7. Checks and Balances
1. Weak Role of Election Commission- Though parties must submit constitutions under Section 29A of
RPA, 1951, the ECI lacks enforcement power to ensure genuine internal democracy. 8. Frequent Renegotiations
2. Lack of Internal Elections- Most parties avoid regular internal elections or conduct them superficially 9. Enhanced Representation
to show compliance.
Difference between western and Indian Coalition politics
3. Local leadership determined by dominant caste rather than democratic voting.
Aspect Western Countries India
4. Dynastic Politics - Eg. Congress, Samajwadi Party, DMK, RJD, Shiv Sena etc.
5. Centralisation of Power in the hands of a few top leaders; grassroots members have little say. Type of Coalition Coalition by design Coalition by political calculations
6. Absence of Transparency in Party finances, candidate selection, and policy decisions.
7. Weak Institutional Structures- Many parties lack internal mechanisms like disciplinary committees, Power Sharing Minimum winning coalition Oversized coalition
grievance redressal forums, or decision-making councils.
Ideological Basis Ideological convergence Rainbow coalition with different
8. Suppression of Dissent- Members who question leadership face expulsion or marginalisation.
ideologies
9. Money and Muscle Power skews candidate selection and internal decisions.
10. Personality Cult Politics reduces collective decision-making and accountability. Purpose of Coalition Formed to run the government Often negative, aimed at preventing
effectively others from gaining power
Way Forward:
1. Amend RPA 1951: Give ECI the statutory power to deregister parties that fail to hold genuine internal Internal Consultation Regular practice of consultation Core party often neglects
elections. among partners consultation with coalition partners
2. Law Commission (170th Report): Recommended a legal framework to ensure mandatory internal
democracy and financial transparency.
3. Link state funding of elections to the practice of internal democracy by parties. (Indrajit Gupta Benefits of Coalition Governments
Committee) 1. Promotes power sharing -Prevents one-party dominance by distributing power among allies.
4. The "Primary" System (USA): Adopt a model where party supporters (not just leaders) vote to select 2. Encourages consensus-based governance -Policies require joint approval from partners, ensuring
their election candidates. balance. Eg. MGNREGA.
5. Independent Audit: Empower the CAG or a neutral body to audit the membership rolls and election 3. Represents diverse interests -Includes regional and social groups in decision-making. Eg. DMK and
records of political parties. TDP.
6. Grievance Redressal: Establish a "Party Ombudsman"—an independent internal body to hear 4. Strengthens federalism -Gives regional parties a voice in central policies.
complaints from disgruntled party workers. 5. Prevents authoritarianism -Limits concentration of power in one party or leader.
6. Promotes political moderation -Partners with differing ideologies adopt moderate policies.
Coalition Government 7. Increases democratic participation -Involves multiple parties, enhancing representation. Eg. NDA has
more than 20 Parties
Coalition governments are formed when no single political party secures an absolute majority in the 8. Promotes issue-based politics - Eg. Common Minimum Programme under UPA-I emphasized social
parliament, leading to the need for two or more political parties to come together to form a government. welfare.
9. Facilitates inclusive governance -Minorities and smaller groups get policy representation.
Types
1. Minority Coalition Governments: Eg. V.P. Singh Government (1989-1990), P.V. Narasimha Rao 10. Encourages negotiation and cooperation -Develops political culture of dialogue and compromise.
Government (1991-1996) 11. Reflects true electoral mandate -Mirrors the multi-party choices of Indian voters.
2. Majority Coalition Governments: Eg. United Progressive Alliance (2004-2014), National Democratic
Challenges of Coalition Governments
Alliance (2014-present)
1. Policy Paralysis: Ideological differences can stall decision-making.
Features of Coalition Governments 2. Instability: Coalitions can be fragile and prone to collapse. Eg. Frequent changes in government in 1990s
1. Alliance of Multiple Parties 3. Compromise on Ideologies: Eg. BJP and PDP’s coalition in Jammu and Kashmir
2. Common Minimum Programme 4. Corruption and Opportunism: Eg. scams like 2G scan, Coal Scam during UPA.
163 164
 5. Fragmented Governance - Different coalition partners may control different ministries, leading to lack 3. Section 77: Requires every candidate to keep a separate and correct account of all expenditure incurred
of coherence and coordination in governance. between the date of nomination and the date of declaration of result.
6. Populism and Short-Term Focus - Coalition partners may push for populist measures to appease their B. Income Tax Act, 1961
voter bases, focusing on short-term gains rather than long-term planning. 1. Section 13A: Grants 100% tax exemption to political parties on their income (from house property,
voluntary contributions, capital gains) provided they:
Way Forward
a. Maintain detailed books of account.
1. Institutionalize Pre-Poll Alliances with clear agendas and power-sharing agreements.
b. Record the name and address of every person who contributes more than ₹20,000.
2. Legal Framework for Coalition Ethics - Formulate a Coalition Code of Conduct defining roles,
c. Do not accept cash donations exceeding ₹2,000.
responsibilities, and conflict-resolution mechanisms.
C. Companies Act, 2013
3. Adopt a Common Minimum Programme (CMP) - Formalize a written CMP to guide coalition policy and
1. Section 182: Regulates corporate funding.
reduce ideological clashes.
a. Pre-2017: Companies could only donate up to 7.5% of their average net profits.
4. Create joint coordination bodies for dispute resolution and regular consultation.
b. Post-2017: The 7.5% cap was removed, allowing unlimited corporate funding.
5. Promote Intra-party and Inter-party Democracy
2. Any donation must be authorized by a resolution passed by the Board of Directors.
6. Ensure Transparency in Coalition Agreements - Make coalition terms public to enhance accountability
D. Foreign Contribution Regulation Act (FCRA), 2010
and voter trust.
1. Political parties and candidates are strictly prohibited from accepting foreign contributions.
7. Political Consensus on National Issues - Build cross-party consensus on critical national policies (e.g.,
2. 2016/2018 Retroactive Amendment: The definition of "foreign source" was changed to exempt
national security, economic reforms).
Indian-owned subsidiaries of foreign companies.
• Election Commission of India - Proposed a “Coalition Conduct Charter” and stronger enforcement
In Association for Democratic Reforms & Anr. v. Union of India & Ors Case, a 5-judge bench struck down the
powers for the ECI to handle alliance-related violations.
Electoral Bond Scheme as unconstitutional (). The court ruled that:
• Germany - Coalition partners sign a formal coalition agreement detailing policy priorities, portfolios,
• It violated the Voter's Right to Information under Article 19(1)(a).
and dispute mechanisms.
• The Anonymity provided by the bonds allowed for secret corruption and "crony capitalism."
• Netherlands - Governments formed based on Coalition Accords, which are public documents ensuring
transparency and accountability. • Amendments to the Companies Act (allowing unlimited funding) and the RPA (exempting bond
reporting) were also declared void.

Issues:
Electoral Funding
1. Involvement of black money: According to SBI data on Electoral Bonds (EBs)-

Political funding refers to the methods used by political parties and candidates to raise money for their 2. 41 firms which donated ₹2,471 crore to the ruling party at centre under the EBs scheme are facing probe
activities and election campaigns. by government agencies
3. At least 30 shell companies purchased electoral bonds worth over ₹143 crore.
Key Data Points 4. Weak Regulation - The Election Commission of India (ECI) has limited power to audit or penalize
1. ADR 2025-26 report - Total donations (above Rs 20,000) to National parties rose by 161% to Rs 6,648
parties for funding violations.
crore. (Over 91% of the total went to BJP)
5. Uncapped Party Expenditure: While individual candidates have spending limits, political parties can
2. Corporate houses account for over 92.18% of the "declared" donations to national parties.
spend unlimited amounts on campaigns.
3. BSP declared zero donations above Rs 20,000 for 19th year.
6. Institutionalized Quid Pro Quo: Removing corporate donation caps (7.5% of profits) has led to fears of
4. Rising Election Costs: Estimates for the 2024 General Elections put the total expenditure at over ₹1 “policy-for-funding swaps” and crony capitalism
lakh crore (approx. $12 billion)
7. "Unknown" Income Streams: Parties exploit the ₹20,000 threshold to keep a massive chunk of their
5. "Unknown" Sources: Despite reforms, nearly over 65% of regional party incomes still come from income anonymous. Eg. 65% of regional party funds come from "unknown sources."
"unknown sources" (donations below ₹20,000), according to ADR reports.
8. Rise of Shadow Funding: Funds are increasingly diverted to "IT Cells" and "Third-party" social media
campaigners without disclosure.
Key Legal Provisions Regulating Political Funding
9. Inequitable Funding Distribution: Corporate donations are heavily skewed toward the ruling party. In
A. Representation of the People Act (RPA), 1951
2024-25, the BJP received 83% of all donations made through Electoral Trusts.
1. Section 29B: Entitles political parties to accept voluntary contributions from any person or company
(excluding foreign sources and government companies). 10. Foreign Influence Risks: Retroactive FCRA amendments allow foreign-owned Indian subsidiaries to
fund parties, risking national sovereignty.
2. Section 29C: Mandates parties to report all donations exceeding ₹20,000 to the Election Commission
(ECI) annually. If they fail to report, they lose tax exemptions.

165 166
 11. Inadequate Audit Mechanism: Parties choose their own private auditors, leading to potential "friendly 6. Focus on Long-term Policy: Parties can focus on nation-building for five years rather than staying in
audits" and lack of rigor. "perpetual campaign mode."
7. Social Cohesion: Reduces frequency of communal or caste-based mobilization during election periods.
Way Forward: 8. Supply Chain Stability: Minimizes disruptions to businesses and production cycles caused by frequent
1. ECI has suggested that parties should be made to disclose contributions received in cash for smaller holidays and rallies.
sums in case they exceed 20% of total funds raised. 9. Predictable Investment Climate: Stability in governance timelines provides certainty to global
2. Lower Disclosure Threshold: Reduce the anonymous donation limit from ₹20,000 to ₹2,000. investors regarding policy consistency.
3. Real-time Digital Disclosure: Use the IEMS portal (2026) to mandate uploading of every donation over 10. Efficiency for Parties: Smaller parties save on repetitive campaigning, allowing a more level playing
field against wealthy national parties.
₹2,000 within 48 hours.
4. Cap on Party Expenditure: Amend the RPA, 1951 to impose a statutory limit on total party spending Major Challenges in One Nation One Election
(Law Commission 255th Report). 1. Constitutional Amendments: Requires amending Articles 83, 85, 172, and 174, which require political
consensus.
5. Partial State Funding (In-Kind): Provide facilities like fuel, airtime, and paper instead of cash to parties
2. Impact on Federalism: Critics argue it undermines state autonomy by making regional polls subservient
(Indrajit Gupta Committee).
to the national narrative.
6. National Election Fund: Establish a central pool where corporates donate; the ECI then distributes funds
3. Voter Confusion: Simultaneous polls might lead to voters mixing up local, state, and national issues.
based on vote share.
4. A state might face frequent mid-term polls as, if a government falls mid-term, the replacement would
7. CAG-Approved Audits: Mandate that all political party accounts be audited by a panel of auditors only serve the "unexpired term.
approved by the CAG. 5. Logistical issue: ECI would need nearly double the current inventory of machines to support 1 million+
8. Global Best Practice (Germany): Adopt the "Parteienfinanzierung" model where public funds are booths.
allocated based on verified vote shares. 6. Regional Issues Sidelined: National security or foreign policy can overshadow local issues like water or
electricity.
9. Re-implement the cap on corporate donations to prevent "shell company" influence.
7. Accountability Deficit: Voters only get to "punish" or "reward" politicians once in five years rather than
10. Bring political parties formally under the RTI for all financial and donor-related queries. more frequently.
11. Enforce Campaign Expenditure Limits 8. Security Deployment: Providing high-level security for all booths across India simultaneously is a
a. Monitor actual spending on social media ads, surrogate advertising, influencers etc. massive paramilitary challenge.
b. Link expenditure data to election affidavits and IT returns 9. Judicial Workload: A surge in election petitions all at once could overwhelm the High Courts.

Key Provisions of the ONOE Bill

One Nation One Election 1. Article 82A (Appointed Date): The President will notify an "Appointed Date" (expected after 2024 polls)
to trigger the synchronization.
2. Article 83 & 172 Amendments: Stipulates that if the Lok Sabha or Assembly is dissolved prematurely, the
ONOE refers to the proposal to synchronize the timing of all elections in India to occur within a single
new House serves only the unexpired term.
timeframe or cycle.
3. Phased Implementation:
History of ONOE a. Phase 1: Simultaneous elections for Lok Sabha and State Assemblies.
1. Simultaneous elections were the norm in India for the first four general election cycles (1952, 1957, 1962, b. Phase 2: Local body (Panchayat/Municipality) elections to be held within 100 days of the general polls.
and 1967). 4. Common Electoral Roll: Amendment to Article 325 to allow ECI to prepare a single roll for all three tiers
2. The cycle was broken due to the premature dissolution of several State Assemblies in 1968 and 1969, of government.
followed by the dissolution of the Lok Sabha in 1970 and fresh polls in 1971.
3. The Law Commission (170th Report, 1999) and the Parliamentary Standing Committee (2015) strongly Way Forward
advocated for returning to simultaneous polls to ensure governance stability. 1. Building Consensus: Engage with regional parties through the Joint Parliamentary Committee to
address federalism concerns.
Key Benefits of One Nation One Election 2. Scale up the production of M3-version EVMs to meet the massive simultaneous demand.
1. Reduced Financial Burden for the exchequer - costs of logistics, polling staff, and security. 3. Explore the German "Constructive Vote of No Confidence" model to prevent premature dissolutions.
2. Continuity in Governance: Prevents "policy paralysis" caused by the frequent imposition of the Model 4. Voter Education: nationwide awareness drive to help voters distinguish between local and national
Code of Conduct (MCC). issues.
3. Reduced Administrative Strain: Teachers and police officers can focus on their primary duties rather 5. Administrative Audit: Conduct a dry run in 4-5 states before the 2029 national rollout.
than frequent election duty.
6. Judicial Benches: Set up special election tribunals to resolve all disputes from a single cycle within six
4. Higher Voter Turnout: Consolidating elections reduces "voter fatigue" and encourages citizens to vote months.
for all tiers at once.
7. Indrajit Gupta Recommendations: Combine ONOE with partial state funding to further reduce the
5. Curbing Black Money: Limits the opportunities for political parties to raise and spend unaccounted cash influence of black money.
in multiple cycles.

167 168