ELECTION LAW PROJECT

ELECTION LAWS AND CORRUPT PRACTICES IN INDIA

Submitted By, Submitted To

Srijita Jana KOUSHIK BAGCHI

Semester – 10th Associate Professor

Section- A

Roll no- 659

INTRODUCTION

In a constitutional democracy elections provide an opportunity to ascertain the popular will

regard the governance of the country. Election is the act of choosing an individual usually for
holding public office through free will of the people in a representative democracy. The word
election is derived from the Latin verb ―legere meaning ―to choose. ―Election means the
public choice of a person for office, usually by the votes of a constituent body 1. According to
Webster‘s Dictionary, election connotes the act of choosing a person to fill an office or position
by vote. According to Black‘s Law Dictionary, ―election means the process of selecting a
person to occupy a position or office usually public office. In ensuring free and fair elections the
role of the legal system is substantial. In a Democratic society or country like India where the
people of the country are considered as sovereign, which in practical terms is otherwise. Hence it
is important to conduct free and fair election so that the people may feel sovereign in the true
sense.

CONCEPT OF FREE AND FAIR ELECTION

This concept includes even preliminary stages to election such as delimitation of constituencies,
preparation, revision or amendment of electoral rolls and many others. Mainly, concept of free
and fair election relates to political liberty and equality. Free and Fair‘ in matters of election
connotes that no one, under the electoral process, is in bondage of another, having his personal
rights, social and political liberty, free thinking and choice subjected to a legal discipline. While
exercising his right to vote one is not under undue influence of party discipline, religion, caste,
creed, sex, language and also one is not under the strain of corrupt practices and so on. Thus, free
and fair elections are the foundations of democratic form of government. To ensure the purity in
elections the following essential conditions must be fulfilled :

There should be a set of election laws which must cover the entire process of elections with the
primary object to create and maintain that sort of atmosphere in which the electorate can choose
their representatives by the exercise of their free will without any pressure or hidrance or undue
influence from any quarter.

1
Chamber‘s Law Dictionary.
 (ii) The election law must contain equal and justful demarcation of constituencies, principle of
one man one vote and the secrecy of voting, a just procedure for casting votes and for counting
and declaration of election results.

(iii) The conduct of elections must be assigned to an independent authority who can function
impartially and who is free from external pressures from the party in power or executive of the
day. There should not be any encroachment by government or other agency in exercise of his
powers and duties assigned to him under law. The conduct of election should be left unhindered
in the hands of the election machinery

(iv) As a necessary requisite, there must be co-operation between the wings of government and
citizenry, each of them discharging the duties assigned to them by law. Any civil authority or
government official must not exercise a power unless exercise of it is authorised by some
specific rule of law and the people should obey the law. (v) The supervision of disputed elections
should be assigned to some judicial authority who can determine the question whether there has
been a valid election on the basis of facts and election law which should contain the requisite
qualifications for candidates, the method of voting, definition of corrupt practices by candidates
and their election agents, etc. and other cognate matters. The election disputes must be resolved
expediously in conformity of the procedure laid down by law.

Thus, the cumulative effect of above all factors needs proper observance, implement and
enforcement of all constitutional and other laws relating to elections. In short, to conduct election
in conformity of law is to maintain the purity of it and non-conformity of such laws would result
in impure elections.

In Indira Nehru Gandhi v. Raj Narain, 2Justice HR. Khanna observed, ―the principle of free and
fair election is an essential postulate of democracy which in turn is a part of the basic structure of
the Constitution of India. This leads us to peruse the provisions of the Constitution in the light of
established principles of free and impartial election‖. Khanna, J. further observed, ―Democracy
can indeed function only upon faith that elections are free and fair and not rigged and
manipulated, that they are effective instruments of ascertaining popular will both in reality and
form and are not mere rituals calculated to generate illusion of defence to mass opinion.

2
AIR 975 SC 2299
ELECTION COMMISSION

In order to ensure free and fair election, the Constitution provides for the establishment of an
independent Election Commission armed with wide powers. Under article 324 superintendence,
direction and control of elections are vested in a Chief Election Commissioner and such number
of Election Commissioners as the President may fix. The Supreme Court was keen on taking a
balancing approach in this regard. Though the Court recognized the right of the Commission to
exercise all types of powers—legislative, executive, judicial—safeguards for avoiding excess
and abuse of powers have also been ensured. According to the Court the Election Commission is
the ‗executive charged with the duty of securing the due conduct of election‘. 3 In the case of
Mohinder Singh Gill V. Chief Election Commissioner,4 the Court considered the limitations of
the power of the Commission and observed: ―The Constitution contemplates a free and fair
election and vests comprehensive responsibilities of superintendence, direction and control of the
conduct of elections in the Election Commission. This responsibility may cover powers, duties
and functions of many sorts, administrative or other, depending on the circumstances. Two
limitations at least are laid on its plenary character in the exercise thereof. Firstly, when
Parliament or any State Legislature has made valid law relating to or in connection with
elections, the Commission shall act in conformity with, not in violation of such provisions but
where such law is silent article 324 is a reservoir of power to act for the avowed purpose of, not
divorced from, pushing forward a free and fair election with expedition. Secondly, the
Commission shall be responsible to the rule of law, act bona fide and be amenable to the norms
of natural justice in so far as conformance to such canons can reasonably and realistically be
required of it as fairplay in action in a .Most important area of the constitutional order, viz.,
elections. Fairness does impart an obligation to see that no wrong-doer candidate benefits by his
own wrong.

Associated Issues With The ECI

 Undefined Scope of Powers: Besides the MCC, the ECI issues from time to time directions,
instructions, and clarifications on a host of issues that crop up in the course of an election.

3
N.P Ponnuswami v Returning Officer AIR 1952 SC 64
4
(1978) 1 SCC 405 at 452
 o The code does not say what the ECI can do; it contains only guidelines for the
candidates, political parties, and the governments.

o Thus, there exists a considerable amount of confusion about the extent and nature of the
powers which are available to the ECI in enforcing the code as well as its other
decisions in relation to an election.

 No Legal Backing of MCC: MCC is framed on the basis of a consensus among political
parties, it has not been given any legal backing.

 However, it does not have statutory value, and it is enforced only by the moral and
constitutional authority of the EC

o Transfer of Officials: Another issue that pertains to the functioning of the ECI, is the
abrupt transfer of senior officials working under State governments by an order of the
commission.

o In Mohinder Singh Gill’s case, the Court had made it clear that the ECI can draw power
from Article 324 only when no law exists which governs a particular matter.

o However, the transfer of officials, etc is governed by rules made under Article 309 of the
Constitution which cannot be bypassed by the ECI under the purported exercise of the
power conferred by Article 324.

 Conflict With the Law: According to the MCC, Ministers cannot announce any financial
grants in any form, make any promise of construction of roads, provision of drinking water
facilities, etc or make any ad hoc appointments in the government.

o Section 123 (2)(b) of the Representation of the People Act, 1951 says that the declaration
of a public policy or the exercise of a legal right will not be regarded as interfering with
the free exercise of the electoral right.

 Lack of Enforceability: The EC does not have the power to disqualify candidates who
commit electoral malpractices. At best, it may direct the registration of a case
 o That is why, in the 2019 general election, ECI admitted to the Supreme Court that it was
“toothless”, and did not have enough powers to deal with inflammatory or divisive
speeches in the election campaign.

CORRUPT PRACTICES IN ELECTION:-

Section 2(c) of the Representation of People Act, 1951 simply says that ―corrupt practices
means any of the practices specified in Section 123 of the Act. The elaborate definition of
various corrupt practices under Section 123 are —bribery, 5 undue influence,6 appeal on the
ground of religion, race, caste, community or language and the use of appeal to religions or
national symbols,7 promotion of enmity or hatred between different classes of citizens on the
ground of religion, race, caste, community or language, 8 propagation of sati,9 publication of false
statements,10 hiring of vehicles or vessels,11 incurring excessive expenditure,12 procuring the
assistance of government servants,13 and booth capturing. Penal provisions are also in force for
the offences of bribery, undue influence, personation, false statements, illegal payments and
failure to keep election account, and in addition several electoral offences xvi are prescribed by
the Representation of People Act, 1951 itself.14

5
Section 123 (1), the Representation of People Act, 1951
6
Section 123 (2) Ibid.
7
Section 123 (3) Ibid.
8
Section 123 (3A) Ibid
9
Section 123 (3B) Ibid
10
Section 123 (4) Ibid
11
Section 123 (5) Ibid
12
Section 123 (6) Ibid.
13
Section 123 (7) Ibid
14
Section 171-B to 171-I, of offences relating to elections, Indian Penal Code, 1860
Bribery

Since overspending of money in election ultimately influence the result, 15 and therefore, for his
success, the election candidate or his supporters may resort to different forms of gifts, offers or
promises of any gratification to voters or the competing candidates. Voters may be rewarded for
their voting to a particular candidate or for not favouring him. Huge amounts may be spent for
entertainment, free conveyance, treating voters or benefits may be given directly or indirectly in
cash or kind to influential persons or to the common voters. Competing candidates may induce
one-another to withdraw or not to withdraw or to stand or not to stand in election contest. The
party in power and Ministers may also resort to huge discretionary grants or assurances during
the eve of elections. Any gratification made with intent to pollute the purity of elections may
cover within the corrupt practice of bribery defined under Sub-Section (1) of Section 123 of the
Representation of People Act, 1951. The evidence produced by Shri RAJNARAYAN in the high
Court the Smt. Indira Gandhi distribute wine and cash for his election is really bed and must be
countable in bribery.

(b) Undue Influence

Reflection of true and popular will depends upon the freedom of choice to elect and vote for
particular party or candidate or to have a free right to stand for an election. Nevertheless, an
electoral right to vote certainly includes right to know about the policy and programmes of
various political parties and about the suitability of their candidates and this necessarily gives a
right of canvassing to all contesting candidates and their political parties to have the election
campaign for obtaining favour from the electors. The essence of undue influence lies in between
the right of free choice to elect and the right of the candidate to canvass and if the canvassing
results in interference unduly into the free choice or judgement for vote, that interference
requires to be regulated by law, because mere influence‘ is not a corrupt practice. An influence in
elections amounts ―undue‖ only when abuse of influence is exercised in contradiction of proper
influence. Thus, legitimate canvassing or appeal to reason and judgement of the voters by lawful
means persuading them to vote or not to vote for a candidate, is not vitiated under the law. Yet,
any situation in which choice of candidate on merit is affected due to extraneous consideration

15
Report on the Forth General Elections (Vol. I), Election Commission of India, pp. 106-7; Elections, Electoral
Mechanism and Behaviour in India, Verinder Grover (Ed. 1985), at 699, 717
like social, economic, political or religious constrains or any type of threat, fear or duress or
falsehood which impedes or prevents the free exercise of the franchise of an elector, is prohibited
under Section 123(2) of the Representation of People Act, 1951. Election may be avoided if
corrupt practices have been committed. Attempts to influence may not be unlawful and not
restrained unless corrupt intent or abuses of influence is established against the candidate or his
election agent. Therefore, an allegation of undue influence must be proved as strictly as a
criminal charge and the principle of preponderance of probabilities would not apply to corrupt
practice of undue influence envisaged by the Act. It is settled view that a charge of corrupt
practice under the Act of 1951 has to be proved beyond reasonable doubt, because if this test is
not applied a very serious prejudice would be caused to the elected candidate who may be
disqualified for a period of six years from fighting any election.16

Appeal on grounds of caste, race, community or religion

In S.R. Bommai v. Union of India, 17 the Supreme Court in this context laid do that introduction
of religion into politics is not merely in negation of Constitutional mandate but also a positive
violation of Constitutional obligation, duty, responsibility and positive prescription or prohibition
specifically enjoined by the Constitution and the Representation of People Act, 1951. A political
party that seeks to secure power through a religious policy or caste orientation policy,
disintegrates the people on grounds of religion and caste. It divides the people and disrupts the
social structure on grounds of religion or caste which is obnoxious anathema to the
Constitutional culture aid basic features. Appeal on grounds of religion offends secular
democracy. The Court further pointed out that Section 123(3) of the Representation of the People
Act dealing with the corrupt practice of appeal on the ground of religion is not confined to appeal
to the candidate‘s religion. Provision of law relating to the corrupt practice of appeal on the
ground of religion, caste, etc. is a peculiar feature of Indian election law. Since the provision was
drafted in general terms it became the duty of the Court to determine the crucial question what
sort of appeals should be treated as a religious appeal or communal appeal.

Terming religion a very private relationship between man and his God, a seven-judge Bench of
the Supreme Court on Monday, in a majority judgment, held that an appeal for votes during

16
Manmohan Kalia v. Shri Yash, AIR 1984 SC 1161.
17
AIR 1994 SC 1918.
elections on the basis of religion, caste, race, community or language, even that of the electorate,
will amount to a ‘corrupt practice’ and call for disqualification of the candidate.

“Election is a secular exercise and therefore a process should be followed… The relationship
between man and God is an individual choice and state should keep this in mind,” the Supreme
Court held in a majority judgment of 4:3. The court was interpreting the pronoun ‘his’ used in
Section 123 (3) of the Representation of the People Act.

The provision mandates that it would amount to a ‘corrupt practice’ if a candidate or his agent or
any other person, with his consent, appeals for votes on religious or such grounds.18

(D) Promoting Hatred or Enmity on the Ground of Religion etc.—

Section 123(3-A) The black day in Indian history 6 December 1992, when a LARGE group of
people destroyed the babri mosque shouting….―EK-DO, EK –DO…BABRI KO TOD
DO…..”.Corrupt practices under Section 123(3), appeal on the ground of religion etc. and under
Clause 123(3-A) of promotion or attempt to promote enmity or hatred between different classes
of citizens on the ground of religion, caste, etc. are both closely related. If one is the cause, the
other one is the intended result. In an appeal on the ground of religion, race, caste, community or
language, the candidate may hope to get its advantage in the elections and may not bother for its
effects on the society

(e) Publication of False Statements

The election law permits freedom of criticism of political nature at the time of election. It is in
the interest of democracy that such criticism should be allowed. But in order to maintain purity
and fairness of elections, character assassination and vilification of any candidate cannot be
allowed. Therefore, in relation to a candidate, publication of false statements by means of
election speeches, pamphlets, booklets, handbills, posters or through press or television, etc., is a
corrupt practice under Section 123(4) of the Representation of People Act, 1951.

18
Abhiram Singh vs C.D. Commachen (Dead) By Lrs.& Ors on 2 January, 2017
 (f) Free Conveyance of Voters

Sub-Section (5) of Section 123 of the Representation of People Act, 1951 prohibits hiring or
procuring of the vehicles or vessels for transportation of voters to or from the polling stations
because this exercise may cause influence on voters and thereby hamper free exercise of their
franchise. (g) Obtaining Services of Government Servant The role of Shri Yashpal Kapoor in the
election of INDIRA GANDHI’S election is a living example of Obtaining Services of
Government Servant in Indian election history.The Government servants are required so to
conduct themselves as to inspire confidence in the public in regard to their impartiality so that
there might not be any occasion for the people to think that the elections were not going to be
held in a free, fair and pure atmosphere. To do so, they were asked in law, to avoid giving room
for any suspicion that they were favouring any party or any candidate. Since the Government
servants have a pivotal role in the public administration and in the implementation of policies
made by the ruling political party, a Government servant should not take part in any election
campaign or canvassing and that he should take scrupulous care not to lend his name, official
position or authority to assist one political party or candidate as against any other. Rule 5(1) of
the Central Civil Services (Conduct) Rules, 1964 expressly prohibits Government servants from
taking part in politics and elections. s. Breach of official duty in connection with elections 19
acting as an election agent20 and influencing voters21 are electoral offences punishable under the
Representation of People Act, 1951. In addition to this, procuring or obtaining of assistance of
Government servants in elections is a corrupt practice defined under Section 123(7) of the same
Act.

(h) Booth Capturing

Those who believe in the influence of muscle power in elections, do not believe in soliciting
votes from the electorate by reasoning and argument. Snatching votes by terror and coercion is
the very antithesis of democracy. In the States where booth capturing were reported to be
rampant like Bihar, Uttar Pradesh, Haryana, parts of West Bengal and Andhra Pradesh, even well

19
Section 134, The R.P. Act, 1951.
20
Section 134-A, Ibid.
21
Section 129, Ibid
equipped private armies control the poll on behalf of the vested interests 22v In fact this has been
one of the major reasons for the disenchantment of the people with the sanctity of electoral
process itself thereby loosing their faith in the democratic government. Though the Election
Commission has taken sterner measures23 and some times issued direct warnings against booth
capturing and riggingxxvi including shoot-at sight orders or countermanding of the poll and
rescinding of voting at the booths affected by the booth capturing, but it had become a futile
exercise. Since the early eighties, complaints regarding booth capturing have been steadily
increasing,xxvii therefore, Sub- Section (8) was inserted in Section 123 of the Representation of
People Act, 1951 by Amending Act No. 1 of 1989, specifying booth capturing by a candidate or
his agent or any other person as corrupt practice.

OBSTACLES IN FREE AND FAIR ELECTION : CURRENT TRENDS

Criminalisation of Politics

Upcoming Bihar elections in October 2020, will be the first election where the Supreme Court's
decision (given in february 2020) that requires political parties to publish the entire criminal
history of their candidates for elections along with the reasons to field such suspected criminals,
will be implemented.

This judgement also requires such information mandatorily be published in a local and national
newspaper as well as the parties’ social media handles.

While the judgment may have far-reaching consequences for curbing criminalisation of politics,
yet still a lot has to be done to make a cleaner electoral process in India.

Significance of the Judgment

22
―None of us can now deny that elections have contributed to solving our unemployment problem in a unique
manner—by bringing into being a professional class of booth captures.‖—Harsh Sethi, Notes on Electoral Violence,
SEMINAR, 368 (April, 1990), p. 41
23
Election Commission of India, Second Annual Report (1984), pp. 77-78
 This order by the Supreme Court is in line with a series of judgments aimed at
preserving the purity of the election process. Some of the judgements are as follows:

o Directions to ensure the asset disclosure and criminal records of candidates.

o The incorporation of the ‘none of the above’ option in the voting machine.

o Invalidation of a clause that protected sitting legislators from immediate disqualification

after conviction.

o Establishment of special courts in all States for the quick disposal of cases involving
elected representatives.

 The political party and its leadership would for the first time have to publicly own up to
criminalisation of politics, which they had been denying it all these years.

 The judgment assumes importance amid the steady deterioration in politics over decades,
with the decline accelerating in the last two decades.

o In 2004, 24% of the Members of Parliament had criminal cases pending against them. It
shot up to 30% in 2009 and 34% in 2014.

o In 2019 as many as 43% of MPs had criminal cases pending against them.

Reasons of Criminalisation of Politics

Lack of Political Will: Majorly whatever progress made in curbing criminalisation of politics
has been through the initiative of the Supreme Court and the Election Commission.

 However, it is parliament's responsibility to amend the Representation of the People

(RPA) Act 1951, which deals with disqualification of candidates against whom charges
have been proved in court for serious offences.

 In spite of taking appropriate measures to amend the RPA Act, there has been an unsaid
understanding among the political parties which deters Parliament to make strong law
curbing criminalisation of politics.
Lack of Enforcement: Several laws and court judgments have not helped much, due to the lack
of enforcement of laws and judgments. For example, blatant violation of Model Code of
Conduct, as seen in almost all elections.

Narrow Self-interests: Publishing of the entire criminal history of candidates fielded by

political parties may not be very effective, as a major chunk of voters tend to vote through a
narrow prism of community interests like caste or religion.

Use of Muscle and Money Power: Candidates with serious records seem to do well despite
their public image, largely due to their ability to finance their own elections and bring
substantive resources to their respective parties.

 Also, sometimes voters are left with no options, as all competing candidates have criminal
records.

Effect of Criminalisation of Politics

 Against the Principle of Free and Fair Election: Using money and muscle power in
elections, limits the choice of voters to elect a suitable candidate.

o Also, it is against the ethos of free and fair election which is the bedrock of a
democracy.

 Affecting Good Governance: The major problem is that the law-breakers become law-
makers, this affects the efficacy of the democratic process in delivering good governance.

o These unhealthy tendencies in the democratic system reflect a poor image of the nature
of India’s state institutions and the quality of its elected representatives.

 Affecting Integrity of Public Servants: It also leads to increased circulation of black

money during and after elections, which in turn increases corruption in society and affects
the working of public servants.
 Causes Social Disharmony: It introduces a culture of violence in society and sets a bad
precedent for the youth to follow and reduces people 's faith in democracy as a system of
governance.

(b) Marketability and Defections

The Vote for Note Scam, Cash for the election is some example for marketability in the election.
The endless game of defections and toppling of governments is perhaps the most glaring
example of the erosion of the democratic and moral values in the parliamentary life of India. In
the era of outside support and the coalition governments in the States and at the Centre, it is an
admitted fact that the representatives of the people in the Assemblies and Parliament accept
money to support a particular Government. Hence, Members of Parliament or State Assemblies
became a marketable commodity and a subject of sale and purchase or horse-trading. Politics of
India gradually degenerated into a struggle for power for personal ends. General interest and
well-being of the people is a secondary thing for the present day politicians. This is a depressing
feature of India‘s parliamentary democracy

c) Money Power in Elections

Jharkhand Rajya-Sabha election is crying shame on our democratic system. Money power is a
crucial factor in elections since modern devices of election propaganda are expensive. The
availability of large funds ordinarily tends to increase the number of votes a candidate will
receive. The history of election law has witnessed activism shown by the judiciary in interpreting
the provisions of law relating to election expenses and attempt by the political leadership to
nullify the effect of such activistic approach of the Supreme Court, by way of amending the
provisions of law. According to Section 77(1) of the Representation of the People Act, 1951
‗every candidate at an election shall, either by himself or his election agent, keep a separate and
correct account of all expenditure in connection with the election incurred or authorized by him
or by his election agent, between the date on which he has been nominated and the date of
declaration of result thereof both dates inclusive‘. Section 77(3) prescribes that the total of the
amount mentioned in clause (1) shall not exceed such amount as may be prescribed. Whether
expenditure by a candidate‘s political party, friends, and relatives, etc. could be treated as the
expenses incurred or authorized by the candidate was the issue in many election petitions. The
court‘s earlier view was that expenses incurred by the political party, friends, etc. to advance the
election prospects of a candidate did not fall within Section 77.24

d) Communalism, Casteism and Mushrooming of Political Parties

The M.L.A. of MIM Akbarudeen Ovishi’s statement is really a black point on our country. A
country where all the religious community live with a religious spirit and brotherhood…. These
types of statement and religious slogan which effect the election are really bed and affect our
constitutional sprit….. It is common knowledge that however perfect the theoretical framework
of a Constitution might be, its successful working rests in the last resort on a whole range of
social, economic and political factors, on the culture and traditions of the country‘s people and
their attitude towards nationalism. The Constitution of India laid the foundations of democratic
republic embodying the ideals of Constitutionalism as they have evolved in the Western political
traditions. The Constitution promises secularism, social justice and political equality. It aims at
promoting fraternity among all citizens assuring dignity of the individual and the unity and
integrity of the nation. Yet this constitution functions in a social environment not altogether
conducive to the smooth operation of democratic institutions. The social matrix of the Indian
society is deeply embedded in the complex Indian caste-structure. Communalism in India has
been a long standing problem. One of the factors that has kept India back from advancing to
nationhood, is the existence of different religions which keeps the nation divided in many aspects
of life. Keeping in view the traditional background of Indian socio-political set-up, we must
confess that religion, caste or community has continued to play its role in electoral politics.
Various castes and communities are becoming more and more selfconscious as well as assertive
and accordingly organised. Though, the elections have familiarised the masses with the
technique of ballot-box democracy but they have also provided the masses with the increasing
prominence of communalism and castism as a political factor, and with the means for asserting

24
Rananjaya Singh v Baijinath Singh AIR 1954 SC 749
their interests and demands. The emergence of new elites through the means of elections presents
new challenges to the working of the Constitution.

CONCLUSION

The fundamental features of Indian democracy are parliamentary form of government, rule of
law, free, fair and periodical elections, secular democracy, civil liberties, judicial review, unity
and integrity of the nation. Thus, the concept of democracy as visualised by the Constitution
presupposes the preservance of these ideals by the elected representatives of the people in
Parliament and State Legislatures. But the political parties in our country have not risen to the
expectations of ‗the people. They have shaken the people‘s confidence in parliamentary
democracy just for their selfish ends. In our multi-party system, it seems that no single party is
likely to secure majority in Parliament. The Anti-defection law permits split and merger of
political parties and there is no provision in the Constitution which bars the legislators from
frequently asserting their no-confidence against the government. Castism and communalism
have been frequently invoked for building sectarian vote-banks and for getting and remaining in
power. The political parties are promoting this tendency. Social fragmentation which the
Constitution desired to eliminate has been progressively on an increase. This trend has also given
rise to regional splinter parties and has posed a danger to the unity and integrity of the nation.
Thus, the purpose of common electoral roll or universal right to vote or to contest election seems
to be defeated. Reservation of seats in the Legislature has become a tool of allurement of weaker
Sections. As a most essential requisite of free and fair elections, an independent authority, the
Election Commission of India is entrusted with the task of conducting elections. Under Article
324, the office of Chief Election Commissioner is permanent but office of the other
Commissioners is multi-member Election Commission. So far as removal of Election
Commissioners is concerned, the Constitution and the Statute gives more protection to the Chief
Election Commissioner. Criminalisation of the politics is the greatest dangerous factor of the
present political system. A large number of criminals have acquired political positions in the
country and their number is increasing. The nexus between criminal gangs, police, bureaucracy,
politicians and businessmen has been exposed. It is now an established fact that criminalisation
of politics and corruption in high levels is destroying the edifice of our parliamentary democracy.
The black money earned by notorious trades is misused to develop a network of muscle power to
be used by politicians during elections for violence, booth capturing, rigging; intimidating voters
and even killing rival candidates. The most glaring example of the erosion of democratic and
moral values is the evil of political defections. It is believed that corruption, bribery and lust of
power is behind this problem. Sale and purchase of legislators and the defections or counter-
defections are the root causes of instability in the present era of coalition governments. The
object of Tenth Schedule has not been achieved due to the exclusion of ‗merger and split‘ of
political parties from the application of Anti-defection law. Communalism and castism in India
keeps the nation divided in many aspects of life including politics. These divisions among the
masses directly strike with the secular democracy enshrined in the Constitution. One of the vital
evils inhibiting the system of democracy is the mounting of fighting elections. The law regulates
election expenses with a view to ensure the fairness and avoid extraneous influence of
illegitimate money power in elections. But there is no provision to regulate the flow of
unaccounted funds into the coffers of political parties. To some extent even if the money
contribution is regulated by law, there exist no ban on the assistance which may be given by the
contributors in kind, e.g. providing vehicles, petrol, accommodation, pandals and other election
materials, posters, pamphlets, etc. The loophole in the law is deliberate and conscious. It can be
removed by amending the relevant provisions of law.

SUGGESTIONS

1. In India the concept of negative voting is mentioned under the conduct of election
rules,1961.Due to the exclusion of the option of ‗none of the above‘ on the EVM the
voter‘s right of secret ballot which is guaranteed under section 128 of Representation
of People Act,1951 is being violated. Further it is submitted that such violation is
abridging art. 21 (3) of Universal Declaration of Human Rights and art. 25 (b) of
International Covenant for Civil and Political Rights both has been ratified by India
2. Election Commission has the power to disqualify a candidate. The High Court and
Supreme Court should also be given the power to disqualify under writ jurisdiction
3. Section 77 of Representation of People Act should be amended to include all the
expenses that are incurred during election process by the candidate for the purpose of
 auditing and the assessment of assets and liabilities should continue throughout of the
year
4. Section 77 of Representation of People Act should be amended to include all the
expenses that are incurred during election process by the candidate for the purpose of
auditing and the assessment of assets and liabilities should continue throughout of the
year.
5. Setting up of special courts for the speedy trial of cases against candidates and elected
politicians.
6. . The Chief Election Commissioner and the election commissioners should be elected
by a collegium.
7. . The candidates should be disqualified from contesting elections if charges are
framed against him by the Court and not on the basis of conviction.. Media is
supposed to be the watchdog of democracy hence it should cover real issues effecting
people and not indulge in paid news.

9. Lack of morality, floor-crossing, defections and horse-trading is needed an immediate

legal check.

10. Parliament must consider the legal infirmities existing in the provisions of election
law relating to entry of criminals in politics. Classification between general criminals and
sitting member criminals under Section 8 of the Representation of People Act, 1951 must
be omitted.

11. An independent and impartial Election Commission is the essence of free and fair
elections.

12. With regard to the eligibility of person who stands for election or becomes a member
of the Legislative body, a need has always been felt that there should be some sort of
minimum educational qualifications for them.

13. The corrupt practice of free carriage of voters may be avoided by installing sufficient
polling stations in the constituency so as to make it easy within the reach of maximum
voters to attend the polling station. The practice of free carriage of voters should be made
a cognizable offence.
 14. Only answer to the use of black money in elections is that the State should bear the
main burden of electoral expenses. Mounting cost of fighting elections is the very root of
political corruption. Report of the Indrajeet Gupta Committee on State funding should be
considered by the government and its recommendations should be implemented. If the
system of State funding is adopted, merit integrity and service to the nation would have a
greater chance of recognition at the polls and our politics might well be freed from the
incubus of some of the admittedly undesirable factor

15. As a perfect State India has a clear enunciation of humanism, secularism, civil liberties
of the citizens and the Directive Principles of State Policy. The adoption of universal franchise
has politically activated the masses in the country. But an environment of castism,
communalism, linguism, regionalism as already mentioned, is an apparent weakness of society.
This is obstructing the bright prospects of Indian democracy. Though literacy may not be a final.
test of political maturity of the people, still it can reduce the adverse impact of unscrupulous
factors on our Parliamentary institution Therefore, a rapid increase in mass literacy is necessary
towards this end. To sum up the project it can be say that the success of democracy depends on
the due conduct of elections so as to ensure the reflection of the true popular will. Keeping this in
vie while interpreting the provisions of law defining the corrupt practices of bribery, undue
influence, appeal on the ground of religion, publication of false statements and procuring the
assistance of government servants, the Supreme Court has formulated well-defined guiding
principles to determine whether a particular action could be treated as corrupt practice or not.
While formulating these principles the Court has examined the rationale of treating a particular
action as corrupt practice in election, highlighting the theoretical foundation of various concepts
in election law. In addition to alleviating the evil consequences of the lethargy of the political
leadership, its suspect action in producing law reform in certain areas like election expenses have
been diluted by the Supreme Court, by way of judicial activism. The decision of the Court in
Indira Nehru Gandhi v Raj Narain, clearly establishes that in India the guardian of democracy is
not the legislative wisdom but the wisdom of the highest Court of the land. One may expect that
the Supreme Court will continue to guard our democracy in the coming century also.