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SELF NOTES
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1. There is a pervasive abuse of money power in the Indian election process

therefore state funding of elections is an important step toward reforming
elections in India. Critically Discuss.

CONTEXT
The Indian election process has long been criticized for the pervasive abuse of
money power, which undermines the fairness and integrity of the electoral
system. The influence of money in elections often results in candidates with
substantial financial resources dominating the electoral process, while those
with fewer resources struggle to compete. In this context, state funding of
elections has been proposed as a potential reform to curb the influence of
money and ensure a more level playing field for all candidates.

INTRODUCTION
1. State funding of elections is a proposed reform aimed at addressing the
abuse of money power in Indian elections. The idea is to provide public
funds to all candidates, thereby reducing their dependence on private
donations, which often come with expectations of political favors. However,
the effectiveness of this reform is debated, especially in light of recent data
and examples from Indian elections.
2. Good governance demands true and informed choice by the voters at the
time of elections and not the one swayed by money. The unbridled cash flow
during elections creates an environment where rival contestants and parties
engage in a race to outspend each other, compromising the integrity of the
electoral process. As a consequence, corrupt politicians not only manage to
secure repeated election victories but also occupy influential positions in
the governance of the nation.

POTENTIAL BENEFITS OF STATE FUNDING

1. Reduction of Money Power: State funding could curb the influence of
money in elections by providing equal financial resources to all candidates,
reducing their reliance on large private donations that often lead to
corruption.
a. The 2024 Lok Sabha elections are estimated to become the most
expensive electoral event in the world with the estimated expenditure
expected to reach a staggering Rs 1.35 lakh crore, more than double the
Rs 60,000 crore spent in 2019, claimed N Bhaskara Rao, who chairs
the Centre for Media Studies (CMS).
2. Level Playing Field: State funding ensures that all political parties,
irrespective of their financial resources, have access to sufficient funds for
campaigning, creating a more equitable electoral environment.
a. A recent report by the Association of Democratic Reforms (ADR)
highlighted that an overwhelming 93% of the winning candidates in the
18th Lok Sabha are crorepatis, a significant increase from 88% in 2019
and 82% in 2014.
3. Combating black money: State funding helps tackle the use of black
money in elections, as parties would be less reliant on undeclared funds and
illicit sources, strengthening the integrity of the electoral process.
4. Transparency and Accountability: State funding could enhance
transparency in election financing by requiring candidates to account for
public funds.
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5. Reduction of corruption: State funding reduces the dependence of SELF NOTES

political parties and candidates on private donations, thereby curbing
corruption and the potential for quid pro quo arrangements.
6. Encouraging grassroots participation: By providing state funds,
parties are encouraged to focus on grassroots-level campaigning, engaging
directly with voters and addressing their concerns, rather than relying
solely on expensive media campaigns.
a. The high cost of contesting elections currently deters many potential
candidates, a barrier that state funding could help overcome.
7. Enhancing representation: State funding can encourage political
parties to field candidates from diverse backgrounds, including those from
marginalized communities and underrepresented groups, leading to more
inclusive representation.
8. Reduce political polarisation: State funding can encourage candidates
to reach out to a broader base of voters, rather than simply focusing on a
narrow group of supporters, which can help reduce political polarisation.
9. Minimizing the influence of wealthy candidates: State funding
reduces the advantage that wealthy individuals have in elections, as it helps
to offset the advantage of personal wealth in garnering support or buying
influence.
10. Empowering marginalized candidates: State funding can particularly
benefit marginalized and independent candidates who often lack financial
backing or access to wealthy donors, giving them a fair chance to compete
in elections.
11. Public confidence: State funding can restore public confidence in the
electoral system by reducing the perception of undue influence and
promoting a fair and accountable democratic process.

DISADVANTAGES OF STATE FUNDING FOR ELECTIONS

1. Implementation Challenges: The logistics of implementing state
funding are complex.
a. There is a risk that state funding could be distributed unfairly, with
candidates or parties favored over others.
b. Apart from determining the amount of funding, ensuring it is used
appropriately, and monitoring expenditures are significant challenges.
2. Moral Hazard: State funding might reduce the incentive for candidates
to raise funds through legitimate means, leading to a dependency on public
money. This could encourage complacency among candidates and reduce
their accountability to voters.
3. Limiting free speech: State funding could possibly limit free speech, as
the government may place restrictions on how candidates can use public
funds.
4. Political Resistance: There might be significant resistance from political
parties and candidates who benefit from the current system. They may
argue that state funding alone cannot eliminate the influence of money in
elections, especially when there are other avenues like media and personal
campaigning that require substantial financial resources.
5. Public Opinion: There might be opposition from taxpayers who may
question the use of public funds for financing elections, especially in a
country like India, where there are pressing needs in other areas like
healthcare, education, and infrastructure.
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6. Unintended consequences: State funding for elections could have SELF NOTES
unintended consequences, such as reducing the incentive for candidates to
fundraise and connect with their supporters.
7. Decreased incentive for private donations: State funding could
reduce the incentive for private donations to political campaigns, which
could have a negative impact on political engagement.
8. Risk of increased bureaucracy: State funding for elections could lead
to increased bureaucracy, as governments need to manage the distribution
and enforcement of public funds.

SUGGESTED REFORMS
● The Law Commission of India's 255th report in 2015
○ Partial State Funding: The government would provide financial
assistance to political parties and candidates to cover certain legitimate
expenses incurred during the election campaign, subject to specific
conditions.
● The Inderjit Gupta Committee made the following precise
recommendations:
○ Full State Funding: The committee recommended the adoption of a
full state funding model, where the government would provide
complete financial support to political parties and candidates, covering
all their election expenses.
○ Transparency Measures: To enhance accountability and
transparency, the committee suggested implementing stringent
measures for disclosure of political party funding and expenses to
ensure public scrutiny and prevent misuse of state funds
● Strengthen Contribution Disclosure: Mandate transparent and real-
time disclosure of political donations to ensure accountability and prevent
undisclosed funding.
● Promote Grassroots Fundraising: Encourage small donations from
citizens by providing tax incentives to reduce reliance on big donors and
promote inclusive participation.

CONCLUSION
1. While state funding of elections could be an important step toward
reforming the electoral system and reducing the abuse of money power, it
is not a standalone solution. The effectiveness of this reform would depend
on its careful design, implementation, and the presence of complementary
measures such as stricter enforcement of election laws, greater
transparency in political donations, and a robust mechanism for
monitoring and auditing election expenses.
2. In conclusion, while state funding could help create a more level playing
field and reduce the influence of money in elections, it must be part of a
broader strategy to enhance the integrity and fairness of the electoral
process in India. To address these concerns, the concept of state funding of
elections emerges as a crucial step towards reforming the electoral system
in India.
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RECENT DATA AND EXAMPLES

SELF NOTES

1. Escalation of Election Spending: The 2024 Lok Sabha elections are

projected to be the most expensive in history, with estimated spending
reaching ₹1.35 lakh crore, more than double the ₹60,000 crore spent in
2019, claimed N Bhaskara Rao, Centre for Media Studies (CMS). This
surge highlights the growing influence of money in Indian elections,
raising concerns about the impact of financial power on electoral
fairness.
2. Criminalization of Politics: The 2024 general elections saw 40% of
elected MPs having criminal cases against them, according to data from
the Association for Democratic Reforms (ADR). This figure is slightly
lower than in 2019, but it still underscores the intersection of money,
power, and criminality in Indian politics.
3. Voter Behavior and Influence: Reports from the 2024 elections
indicated that financial inducements, such as cash distribution and gifts,
were still prevalent in certain regions, though there were more concerted
efforts by the Election Commission to curb these practices. This ongoing
issue highlights the challenge of ensuring free and fair elections, even
with regulatory oversight.
4. Electoral Bonds and Lack of Transparency: The use of electoral
bonds continued to be a contentious issue in the 2024 elections. Political
parties, including the BJP and INC, received significant donations
through these bonds prior to it being declared unconstitutional by the
apex court.

5. International examples: Countries like Germany, France, and

Sweden have successfully implemented state funding of elections,
leading to increased transparency, reduced corruption, and improved
representation.
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2. The Election Commission is a Constitutional body but lacks desired SELF NOTES
independence due to various constraints. What are these constraints? Also,
suggest reforms.

The Election Commission has been given power to conduct free and fair
elections by Article 324-329 of the Constitution. However, the powers of the
EC are not absolute but subject to a number of constraints.

CONSTRAINTS ON THE INDEPENDENCE OF THE ELECTION COMMISSION OF

INDIA
1. Legislative constraints:- The powers of the EC are limited by the
legislative provisions like the Xth Schedule which regulates the powers of
EC in case of Anti-defection law, the RPA Act of 1951 which regulates the
power of EC in matters of disqualification.
2. Jurisdictional constraints:- The EC is a permanent body but it gets
powers only during the elections so its jurisdiction is quite limited
3. Overlapping Jurisdiction with Judiciary: The judiciary often
intervenes in electoral matters, which can sometimes undermine the
authority of the ECI.
a. This overlap can lead to a situation where the ECI's decisions are
subjected to judicial review, potentially eroding its autonomy.
4. Compliance issues: The Model code of conduct is also called Moral code
of conduct as it does not have teeth to enforce but lies on the good faith of
political parties
5. Lack of Security of Tenure: The CEC enjoys protection against arbitrary
removal, as they can only be removed in a similar manner to that of a
Supreme Court judge.
a. However, the other Election Commissioners can be removed by the
President on the recommendation of the CEC, making them potentially
vulnerable to political pressures.
6. Lack of financial autonomy: The Election Commission does not have
complete financial independence, as its budget is part of the Ministry of Law
and Justice.
a. The ECI's dependence on the government for budget allocation may
hinder its ability to take impartial decisions. Example: In 2018, the ECI
requested more financial autonomy to conduct elections effectively.
7. Post-Retirement Appointments: There have been instances where
former Election Commissioners have been appointed to other government
posts after their tenure, raising concerns about the impartiality of their
decisions while in office. This potential post-retirement reward could
compromise the perceived independence of the Election Commissioners.
8. Limited Powers for Enforcement: While the ECI has the power to
conduct and supervise elections, its powers are limited when it comes to
enforcement of its orders. For example, the ECI can only advise or
recommend disqualification of candidates for malpractices, and it relies on
the judiciary or the executive for final decisions, which can delay or dilute
the impact of its directives.
9. Limited control over media & social media: Media being a very
crucial tool of information dissemination in the public domain plays a very
vital role during elections yet Election Commission has little control over
them
a. The EC realised in 2019 the immense power of Social media and also
that it had little power over that tool.
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SUGGESTED REFORMS SELF NOTES

1. Fixed Tenure: Establish a fixed tenure of, for example, 5 or 6 years, for
the Chief Election Commissioner (CEC) and Election Commissioners (ECs)
to prevent arbitrary removal and ensure stability in their roles as suggested
by NCRWC.
2. Transparent Appointments: Create an independent and bipartisan
appointment committee comprising representatives from the judiciary &
executive, to oversee the selection of the CEC and ECs, reducing the
influence of the ruling government. As suggested by Supreme Court
recently
3. Financial Autonomy: ECI in 2004 recommended to grant the ECI
complete financial autonomy by providing it with a separate and dedicated
budget, allowing it to make independent decisions without relying on
government funding.
4. Enhanced Investigative Authority: Empower the ECI with the
authority to initiate and conduct its investigations into electoral violations,
ensuring swift action against any wrongdoing. (Suggested Vohra
committee)
5. De-politicization: Prohibit civil servants and officers associated with the
ruling government from being appointed as CEC or ECs, ensuring the
neutrality and impartiality of the Commission.
6. Ban on Post-Retirement Jobs: Implement a cooling-off period of at
least two years before Election Commissioners can be appointed to any
government or political position.
a. This would help mitigate concerns about impartiality and ensure that
decisions made during their tenure are not influenced by the prospect
of future appointments.
7. Judicial Review Limitation: Clearly define the limits of judicial
intervention in electoral matters to protect the autonomy of the ECI. This
could involve creating special electoral tribunals or fast-track courts to
handle disputes related to elections, ensuring that the ECI's decisions are
upheld unless there is clear evidence of legal or constitutional violations.

To ensure the survival of democracy, it is essential that institutions like the

Election Commission, which are crucial for conducting free and fair elections,
be granted maximum autonomy. Eminent jurists, such as Fali S. Nariman,
emphasize that the independence of the Election Commission is vital to
maintaining the legitimacy and credibility of the electoral process.
Dr. B.R. Ambedkar, the principal architect of the Indian Constitution,
highlighted that while the Constitution provides the framework for state
organs, the true strength of democracy lies in the spirit with which these
institutions operate.
In line with this vision, it is imperative to expedite the implementation of
electoral reforms proposed by committees like Dinesh Goswami Committee,
and Inderjit Gupta Committee. These reforms are crucial for strengthening
the Election Commission’s capabilities and enhancing its responsiveness to
emerging challenges. By advancing these reforms and ensuring the Election
Commission's autonomy, we can uphold the democratic values enshrined in
our Constitution and sustain public trust in the electoral process, which is
fundamental for the continued vibrancy and integrity of India's democracy.

3. The Supreme Court has periodically made some major pronouncements

that strengthened the ECI. Enumerate such important cases and
pronouncements thereof.

Election Commission has been given the authority to conduct free and fair
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elections in the country under articles 324-329. The Supreme Court's SELF NOTES
pronouncements have significantly strengthened the Election Commission of
India (ECI) by enhancing its autonomy, enforcing transparency, and
empowering it to uphold the principles of free and fair elections.

IMPACTS OF SUPREME COURT JUDGEMENTS ALONG WITH THE SAID CASE

1. Independence and Security of Tenure: The Supreme Court in S.S.
Dhanoa vs. Union of India, 1991 clarified on the independence and
security of tenure for the Chief Election Commissioner (CEC) ensured that
the CEC is protected from arbitrary dismissal.
a. This ruling fortified the ECI's autonomy by securing its leadership,
thereby enabling it to operate without undue influence or pressure from
the executive branch.
2. Controlling Expenses: The Supreme Court in the Common Cause vs.
Union of India, 1995 directed that the political parties had to file their
income tax returns which allowed the Election Commission to efficiently
monitor the accounts, revenues, and expenses of political parties.
3. Transparency in Candidate Information: The apex court in
Association for Democratic Reforms vs. Union of India, 2002
mandated the disclosure of candidates' criminal records, assets, liabilities,
and educational qualifications, which significantly enhanced the
transparency of the electoral process.
a. This empowered the ECI to ensure that voters are well-informed, thus
promoting accountability among candidates. It also acted as a deterrent
against the fielding of candidates with dubious backgrounds, thus
improving the overall quality of candidates.
4. Voter Empowerment through NOTA: Supreme Court in People’s
Union for Civil Liberties vs. Union of India, 2013 recognised
negative voting as a constitutional right of a voter and directed the
Government to provide the ‘NOTA’ option in electronic voting machines.
a. This ruling enhanced voter autonomy and forced political parties to
field better candidates. It also provided the ECI with a tool to measure
voter dissatisfaction, which can indirectly pressure political parties to
improve their candidate selection process.
5. Introduction of VVPAT: In Subramanian Swamy vs. Election
Commission of India, 2013), Voter Verified Paper Audit Trail (VVPAT)
system alongside Electronic Voting Machines (EVMs) were introduced
a. This significantly bolstered the transparency and reliability of the
electoral process as VVPAT allows voters to verify that their votes are
cast correctly, enhancing voter confidence in the ECI's ability to
conduct free and fair elections.
b. It also provides a verifiable paper trail that can be used for audits and
recounts, further securing the electoral process.
6. Power of Rejecting Nomination: In Resurgent India vs. Union of
India, 2013, the Supreme Court declared that if a candidate leaves any
column blank in the affidavit, which they have to submit as a necessary part
of their nomination paper, the Returning Officer can reject the nomination
paper.
7. Freebies: In S Subramaniam Balaji vs State vs. State of Tamil
Nadu, 2013, the Supreme Court said that freebies promised by political
parties in their election manifestos shake the roots of free and fair polls and
directed the Election Commission to frame guidelines for regulating
contents of manifestos under Model Code
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8. Transparency in Election Finances: In Ashok Shankarrao SELF NOTES

Chavan vs. Madhavrao Kinhalkar, 2014, ECI could take action
against candidates who conceal election expenses reinforced the
Commission's role in ensuring financial transparency in elections.
a. This ruling aids the ECI in curbing the use of illicit funds in campaigns
and promotes a level playing field among candidates.
9. Political Party Funding Transparency: The Supreme Court's
emphasis on transparency in political party funding, particularly in relation
to electoral bonds, provided the ECI with judicial backing to push for
greater transparency in how political parties are financed in Lok Prahari
vs. Union of India, 2018.
a. This decision is crucial for curbing the influence of undisclosed money
in elections, thereby promoting cleaner electoral practices.
10. Disclosure of Criminal Cases: The Supreme Court's order dated
February 2020 required political parties to publish details of criminal cases
against their candidates on various platforms enhancing ECI's ability to
ensure transparency and accountability. By making this information
publicly available, the ECI helps voters make informed choices,
contributing to the election of representatives with cleaner records.

These Supreme Court pronouncements have collectively fortified the Election

Commission of India by enhancing its powers, ensuring greater transparency
in the electoral process, and empowering it to take decisive action against
malpractices. By addressing gaps in the Representation of the People Act and
providing the ECI with the necessary judicial support, these judgments have
significantly contributed to the Commission’s ability to conduct free, fair, and
credible elections, thereby upholding the democratic principles of the nation.
Though the Supreme Court has been an invaluable ally of the Election
Commission in its effort to conduct free and fair elections, sometimes it has
chosen restraint over activism. The electoral bonds case is an example as it
was crirticised sharply both by finance ministry and EC but the Govt went
ahead anyway with i

4. Enumerate the powers and responsibilities of ECI. The Election

Commission despite executing one of the core functions of democracy is
lacking teeth. Do you agree?

For a democratic country like India, conducting free and fair elections is
crucial for its very survival. This monumental task is assigned to the Election
Commission of India (ECI) under Article 324 of the Constitution. The Election
Commission has always taken pride in successfully conducting free and fair
elections across the length and breadth of the country.
However there are certain issues which plague its regulatory machinery. For
instance, the ability of the Election Commission to take action against
violations of the Model Code of Conduct (MCC) was questioned several times
in the run up to the 2019 General Elections.

POWERS AND RESPONSIBILITIES OF THE ELECTION COMMISSION OF

INDIA (ECI)
The Election Commission of India (ECI) is entrusted with the critical
responsibility of ensuring free and fair elections, as outlined in Articles 324-329
of the Constitution of India. Its key powers and responsibilities include:

ADMINISTRATIVE FUNCTION:
1. Voter Registration: The ECI is responsible for maintaining the voter list,
which includes registering new voters, removing deceased or ineligible
voters, and updating the voter database.
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2. Conducting Elections: The ECI is responsible for conducting free and SELF NOTES
fair elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies,
and the office of the President and Vice President of India.
3. Model Code of Conduct: The ECI enforces the Model Code of Conduct
(MCC), which lays down guidelines for political parties and candidates
during elections to maintain a level playing field.
4. Election Monitoring: The ECI monitors the election process to ensure
that it is free and fair, including overseeing the deployment of election
officials and security personnel, and taking action against any violation of
the election laws.
5. Political Party Registration: The ECI is responsible for registering
political parties and monitoring their compliance with election laws.
6. Election Expenditure Monitoring: The ECI monitors the election
expenditure of political parties and candidates to ensure that it is within the
prescribed limits.
7. Voter Education: The ECI is responsible for educating voters about their
rights and the electoral process. The "Systematic Voters’ Education and
Electoral Participation" (SVEEP) program has been instrumental in
increasing voter turnout and awareness, especially among first-time voters
and marginalized communities.

QUASI-JUDICIAL
1. The ECI is responsible for resolving disputes related to elections,
including election petitions and complaints of electoral malpractices.
a. The ECI settles disputes related to the recognition of political parties
and the allocation of election symbols. In 2017, for instance, the ECI
resolved the dispute between factions of the AIADMK party over the
retention of the party’s symbol.
2. To act as a court for settling disputes related to granting recognition to
political parties and allotment of election symbols to them.
3. To appoint officers for inquiring into disputes relating to electoral
arrangements.

ADVISORY FUNCTION
1. The ECI is responsible for suggesting reforms to improve the electoral
process in India.
2. To advise the president on matters relating to the disqualifications of the
members of Parliament.
3. To advise the governor on matters relating to the disqualifications of the
members of the state legislature.
4. To advise the president whether elections can be held in a state under the
president's rule in order to extend the period of emergency after one year.

IS THE ELECTION COMMISSION LACKING TEETH?

Despite these extensive powers and responsibilities, the ECI is sometimes
perceived as lacking "teeth" in certain areas.

1. Limited Enforcement Powers: While the ECI can recommend

disqualification or take action against MCC violations, its decisions often
require judicial or legislative backing to be fully enforceable. For example,
during the 2019 elections, the ECI barred several political leaders from
campaigning due to MCC violations, but these actions were seen as
insufficient in deterring repeated violations.
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2. No power of deregistration of party: At present, there are 2000 SELF NOTES

political parties registered with the EC, out of which, several never contest
elections or submit their accounts and exist merely for the purposes of
money laundering. Despite this, the EC lacks the power to deregister the
parties.
3. Dependence on the Executive for Resources: The ECI’s budget is
controlled by the government, which can potentially limit its independence.
For instance, the ECI’s request for additional funding to expand VVPAT use
was initially delayed, raising concerns about its operational autonomy.
4. Appointment Process: The appointment of the Chief Election
Commissioner and Election Commissioners by the President, on the advice
of the Prime Minister, raises concerns about potential political influence.
This concern was highlighted when former CEC Navin Chawla faced
accusations of bias due to his alleged proximity to the ruling party.
5. Inadequate Legal Framework: The ECI’s ability to implement reforms
is constrained by the existing legal framework, particularly the
Representation of the People Act. Despite repeated recommendations,
reforms to decriminalize politics and enhance financial transparency have
seen limited legislative action.
6. Post-Retirement Appointments: The possibility of post-retirement
appointments to government positions for former Election Commissioners
raises concerns about their impartiality while in office. The appointment of
former CECs to gubernatorial or other high-profile posts shortly after
retirement has often been cited as a potential conflict of interest.
7. Challenges in Regulating Political Parties: The ECI has limited
powers to regulate internal party democracy or financial transparency.
Despite recommending increased oversight of political party finances, the
ECI’s inability to enforce these changes has allowed opaque funding
practices, such as the use of electoral bonds, to continue.
8. Issues related to VVPAT, the transmission of unlicensed NAMO
TV, and concerns about EVMs, have raised many questions regarding
the credibility and non-partisan nature of the institution.
9. Criminalisation of Politics: 2019 general elections has around 43%MPs
which have criminal cases against themselves.

INSTANCES WHERE THE ELECTION COMMISSION ASSERTED ITS POWERS

Despite these limitations, the ECI has demonstrated its authority and
commitment to ensuring free and fair elections through several decisive
actions:

1. The ECI disqualified 20 candidates in Rajasthan Assembly (2017)

elections for submitting false affidavits, reinforcing its commitment to
transparency and integrity.
2. In 2019 General Election, ECI took strict action against several high-profile
leaders, including Prime Minister Narendra Modi and Congress President
Rahul Gandhi, for violating the MCC. Uttar Pradesh Chief Minister Yogi
Adityanath and BSP leader Mayawati were temporarily banned from
campaigning due to communal remarks.
3. In an unprecedented move, the ECI cut short the campaign period in West
Bengal by 20 hours during the 2019 General Elections after violence broke
out during a political rally. This assertive action underscored the ECI's
authority to maintain law and order during elections.
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4. The ECI ordered re-polling in two constituencies during the 2016 Tamil SELF NOTES
Nadu Assembly elections after finding evidence of large-scale bribery and
electoral malpractice, showing its resolve to uphold electoral integrity.
5. The ECI canceled the Vellore Lok Sabha election in 2019 after discovering
large-scale bribery, asserting its authority to ensure free and fair elections.

The Election Commission of India, despite certain structural and procedural

limitations, has consistently exercised its powers to safeguard the electoral
process. While there are areas where the ECI's authority could be
strengthened, it has shown resilience and commitment to upholding the
principles of democracy through decisive actions. Strengthening its
autonomy, enhancing its enforcement powers, and implementing necessary
legal reforms would further empower the ECI to conduct elections with the
highest standards of fairness and transparency.

5. Enumerate the salient features of the Representation of People’s Act, of

1951. What changes to the Act, in your view, are necessary to ensure free and
fair elections?

RPA Act 1951 provide for the conduct of elections to the Houses of Parliament
and to the House or Houses of the Legislature of each State, the qualifications
and disqualifications for membership of those Houses, the corrupt practices
and other offences elections and the decision of doubts and disputes arising
out of or in connection with such elections.

SALIENT FEATURES OF THE RPA 1951

● Qualification for Contesting Election: The Act specifies the
qualifications for being a candidate for elections to the Lok Sabha and State
Legislative Assemblies.
○ A person must be a member of the constituency's electorate.
○ If a person wants to contest for a seat reserved for them, he or she must
be a member of a Scheduled Caste or Scheduled Tribe in any
state/Union Territories.
● Disqualification on conviction for certain offences (Section
8(3)): According to it, if an MP or MLA is convicted of any other felony and
sentenced to two years or more in prison, he or she will be disqualified for
six years from the date of release.
● Disqualification on ground of corrupt practices (Section 8A):
Corrupt practices like the distribution of cash, gifts, or other inducements
to voters, coercion or intimidation, use of religious sentiments aimed at
manipulating the electoral process will stand for disqualification.
○ Section 123 defines the corrupt practices like bribery, undue influence,
inciting religious sentiments, booth capturing etc
● Disqualification for dismissal for corruption or disloyalty
(Section 9): A person who having held an office under the Government of
India or under the Government of any State has been dismissed for
corruption or for disloyalty to the State shall be disqualified for a period of
five years from the date of such dismissal.
● Disqualification for failure to lodge account of election expenses
(Section 10A). If the Election Commission is satisfied that a person—
○ (a) has failed to lodge an account of election expenses, within the time
and in the manner required by or under this Act.
○ (b) has no good reason or justification for the failure
the Election Commission shall declare him to be disqualified.
● Registration of Political Parties (Section 29A):Any association or
body of individual citizens of India calling itself a political party shall make
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an application to the Election Commission for its registration as a political SELF NOTES
party.
● Political parties entitled to accept contribution (Section 29B):
Every political party may accept any amount of contribution voluntarily
offered to it by any person or company other than a Government company.
● Declaration of Assets and Liabilities: Individuals running for office
must produce an affidavit detailing their criminal history, financial assets
and liabilities, and educational qualifications.
○ MPs must file a statement of assets and liabilities with the Speaker of
the Lok Sabha and the Chairman of the Rajya Sabha after being elected.
○ MPs must make these disclosures within 90 days of taking their seats
in Parliament.
● Right to information (Section 33A): A candidate shall furnish
information such as offence punishable with imprisonment for two years or
more, convicted of an offence etc in public domain.
● Election expenses (Section 77): Every candidate contesting in election
to the House of the People or to the Legislative Assembly of a State, shall,
either by himself or by 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.
● Dispute resolution: The provisions of the Act with respect to disputes
regarding elections are related to the following matters:
○ Presentation of election petitions to High Court
○ Trial of election petitions
○ Withdrawal and abatement of election petitions
○ Appeals to Supreme Court
○ Costs and security for costs

CHANGES REQUIRED
● Criminalisation of Politics:
○ Disclosure of criminal antecedents of candidates
■ The Law Commission of India Report on Reform of the Electoral
Laws, 1999, suggested an amendment to the Representation of the
People Act, 1951, section 4A to make declaration of assets and
criminal cases pending against the candidate for membership to
the House of the People.
○ Eligibility of candidates with criminal cases pending against
them
■ 1999 Law Commission of India Report suggest new Section 8B,
which would provide a separate set of penalties for electoral
offences and offences having a bearing upon the conduct of
elections under sections 153A and 505 IPC and serious offences
punishable with death or life imprisonment
○ Negative or Neutral Voting(NOTA+): Negative/neutral voting
means allowing voters to reject all of the candidates on the ballot by
selection of a “none of the above” option.
■ In such a system there could be a provision that if a certain
percentage of the vote is negative/neutral, then the election results
could be nullified and a new election conducted.
● Financing of Elections:
○ Disclosure audit of assets and liabilities of candidates:
■ The Election Commission recommended that Section 125A be
amended such that there is more stringent punishment for
 MODEL ANSWER | AIM W4 D2 13

concealing or providing wrong information on the form. The SELF NOTES

amendment would provide for a minimum two years
imprisonment.
○ Curbing the cost of campaigning:
■ There should be suitable provision in RPA act 1951 which can
provide penalties or reasonable restrictions against damaging or
desecrating public or private property by candidates, political
parties, or the agents.
● Registration and Deregistration of Party:
○ The Election Commission proposes that an amendment be made to
Section 29A of the Representation of the People Act, 1951, adding a
clause “authorising the Election Commission to issue necessary orders
regulating registration and de-registration of political parties.”
● Auditing of Finances of Political Parties
○ The Law Commission, in its 1999 report, recommended steps be taken
to amend the Representation of the People Act, 1951, to insert a new
section 78A requiring the maintenance, audit and publication of
accounts by political parties.
● Adjudication of Election Disputes: Sections 86(6) and 86(7) of the
Representation of the People Act, 1951, provide that the High Court shall
make an endeavor to dispose of an election petition within six months.
○ The 2nd ARC report suggests that Special Election Tribunals should be
constituted at the regional level under article 329B of the Constitution
to ensure speedy disposal of election petitions and disputes within a
stipulated period of six months.

The Representation of People's Act,1951 provides a comprehensive framework

for the conduct of elections in India and helps to ensure that they are free, fair,
and transparent. The Act has undergone several amendments over the years
to keep pace with changing times and technologies, and to address emerging
challenges in the electoral process. It must act as a living document for free
and fair elections.

6. Define the criminalisation of politics in the Indian context. While

discussing the efficacy of RPA in curbing the Criminalisation of politics
enumerate reforms suggested by various committees/ commissions.

The criminalization of politics refers to the infiltration and influence of

individuals with criminal backgrounds into the country's political landscape.
It denotes the participation and election of politicians who have been accused
or charged with criminal offenses, ranging from minor infractions to serious
and heinous crimes. It is a significant concern in India and poses a threat to
the democratic system.
1. The NCRCW 2002 notes that one possible explanation for the rapid
criminalisation of the polity is that criminals have understood the
mechanics of the electoral process and have themselves become contenders
for power. Earlier, politicians patronized criminals and provided them
protection from the law-enforcement agencies in exchange for the use of
their muscle power during elections.
2. According to the Association for Democratic Rights (ADR)
survey, 40 percent of the newly elected members have declared criminal
cases, while 12 percent have serious criminal cases pending against them.
It is said that the politics had reached a stage where the lawmakers became
the lawbreakers.
 MODEL ANSWER | AIM W4 D2 14

SELF NOTES

The Representation of the People Act (RPA) is an essential legislation in India

that governs the conduct of elections and the qualifications and
disqualifications of candidates. While the Act aims to uphold the integrity of the
electoral process, its efficacy in curbing the criminalization of politics has been
a subject of debate.

PROVISION IN RPA 1951 AND ITS EFFICACY TO CURB CRIMINALISATION OF

POLITICS
● Disqualification of convicted candidates: The RPA section 8
disqualifies candidates who have been convicted of certain offenses and
sentenced to imprisonment for two or more years, unless the conviction is
stayed or quashed by a higher court.
○ In 2013, the Supreme Court of India ruled in the Lily Thomas v.
Union of India case that elected representatives convicted of offenses
would be disqualified immediately, leading to several MPs and MLAs
losing their seats.
● Declaration of criminal records: The RPA section 9 makes it
mandatory for candidates to disclose their criminal records, including
pending cases, in their nomination papers through affidavit. If a candidate
fails to disclose his or her criminal record or provides false information in
the affidavit, he or she may be disqualified from contesting elections under
Section 125A of the RPA.
○ There is no further provision which ensures that such candidates could
be punished and barred from the election process. There is saying in
Indian context that undertrials can't vote but can win the election.
● Financial Disclosure: The RPA mandates candidates to submit their
financial details, including assets and liabilities. This measure aims to
promote transparency and identify candidates with disproportionate
wealth, possibly indicating involvement in illegal activities. However,
enforcing strict scrutiny remains a challenge, and some candidates may find
ways to evade accurate disclosure.
○ In the 2014 general elections, the Association for Democratic Reforms
(ADR) found that out of the 541 winners, 186 (34%) had not declared
their PAN (Permanent Account Number) details in their affidavits,
making it difficult to verify their financial information.
● Background Checks: The RPA requires candidates to submit affidavits
disclosing their criminal records, if any, pending charges, and convictions.
 MODEL ANSWER | AIM W4 D2 15

These affidavits are meant to inform voters about the candidates' SELF NOTES
backgrounds. However, the onus is largely on the voters to make informed
decisions based on this information.
○ In the 2019 Lok Sabha elections, the ADR reported that 43% of
candidates had criminal cases against them, highlighting the
limitations of relying solely on voters to consider criminal records while
voting.
● Political Party Accountability: The RPA makes it mandatory for
political parties to disclose criminal antecedents of their candidates.
However, parties sometimes ignore these disclosures, choosing to prioritize
winnability over the candidates' criminal backgrounds.
○ In various state elections, political parties have fielded candidates with
serious criminal charges despite the RPA's requirement to disclose this
information to the Election Commission and the public.
● Election Expenses: The RPA sets limits on election expenses for
candidates and parties to prevent the undue influence of money in politics.
However, the implementation and enforcement of these expenditure limits
remain inadequate, allowing candidates with significant financial resources
to gain an advantage.
○ In various state elections, candidates have been accused of surpassing
spending limits, but due to lack of robust monitoring, such violations
often go unpunished.
● Scrutiny of nomination papers: The RPA provides for the scrutiny of
nomination papers by the Returning Officer to ensure that candidates meet
the eligibility criteria and have fulfilled the legal requirements.
○ Last minute rush for filing nomination puts less scrutiny time for
returning officers. It provides little information about candidates in the
public sphere to make informed decisions.
● Election petitions: The RPA provides for the filing of election petitions
by any voter challenging the election of a candidate on grounds of corrupt
practices, including the use of money or muscle power.

COMMITTEES AND COMMISSIONS SET UP BY THE GOVERNMENT OF INDIA

TO SUGGEST REFORMS TO CURB THE CRIMINALIZATION OF POLITICS
● Goswami Committee (1990): The Goswami Committee was set up to
suggest electoral reforms in India. He argued that the role of money and
muscle powers at elections led to rapid criminalisation of politics. He
suggested for reform in election funding to curb this menace.
● In 1993, Vohra Committee on Criminalisation of Politics was
constituted to identify the extent of the politician-criminal nexus and
recommend ways in which the menace can be combated.
○ The Vohra Committee ended with the fact that there is an essential need
to set up intelligence agencies to deal with the problem of the
criminalization of politics in order to curb the same.
● National Commission to Review the Working of the Constitution
(2002): It found that early signs of criminalisation appeared after Section
77 of the RPA was amended in 1974 to provide that expenditure incurred by
political parties and others shall not form part of the election expenditure
of a candidate, thereby paving the way for unrestricted spending in
elections
○ The Commission has suggested the deletion of Explanation (1) to
Section 77 of the RPA so that expenses incurred by the political party
and the friends of a candidate are considered part of his or her election
expenses.
 MODEL ANSWER | AIM W4 D2 16

● The 18th Report presented by a parliamentary committee to the SELF NOTES

Rajya Sabha in March 2007 expressed the feeling that politics should
be cleansed of persons with established criminal background”. It said,
“criminalization of politics is the bane of society and negation of
democracy”.
● The 244th report (2014) submitted by the Law Commission dealt
with the need to curb the trend of criminal politicians in the legislature
posing serious consequences to democracy and secularism. It further
recommended disqualification of people against whom charges have been
framed at least one year before the date of scrutiny of nominations for an
offense punishable with a sentence of five years or more.
● SC Judgement to curb criminalisation of politics:
○ Association for Democratic Reforms v. Union of India
(2002): In 2002, the SC ruled that every candidate contesting election
has to declare his criminal and financial records along with educational
qualifications.
○ Ramesh Dalal vs. Union of India (2005): In 2005, the SC had
ruled that a sitting MP or MLA will be disqualified from contesting the
election if convicted and sentenced for imprisonment for two years or
more by a court of law.
○ Lily Thomas v. Union of India (2013): The SC has declared that
any member of parliament or state legislative assembly who is
convicted of a crime and sentenced to a prison term of two years or
more would be disqualified from holding office.
○ Manoj Narula v. Union of India (2014): The Delhi HC held that a
person cannot be disqualified from contesting elections merely because
they have been charged with a criminal offense. However, the court also
held that political parties must not field candidates who have a criminal
background.
○ Public Interest Foundation v. Union of India (2019): The SC
has ordered political parties to publish the criminal records of their
candidates on their websites, social media handles, and newspapers.
The court also directed the ECI to create a framework to ensure that the
information on candidates' criminal records was disseminated
effectively.
● In 2017, the Union government started a scheme to establish 12 special
courts for a year to fast track the trial of criminal cases against MPs and
MLAs. The apex court has since then issued many directions, including
asking the Centre to set up a monitoring committee to examine reasons for
delay of investigation in these cases.

The Representation of the People Act includes provisions to address the

criminalization of politics, its efficacy in curbing this issue remains limited.
The act requires stronger enforcement, stricter monitoring of financial
disclosures and election expenses, and increased political will to ensure
transparency and accountability in the electoral process. Additionally,
comprehensive electoral reforms might be necessary to effectively tackle the
nexus between criminal elements and politics in India.
WEEK 4 - DAY 3 ASSIGNMENT QUESTION GUIDELINES
1. What is a Model Code of Conduct? Discuss its evolution and applicability. Do you think it needs
statutory recognition?
Approach to Question 1
● Define the Model Code of Conduct (MCC) as guidelines for political parties and
candidates during elections. Discuss its evolution, from voluntary adherence to more
structured guidelines. Highlight its applicability during elections to ensure fair play.
Debate the need for statutory recognition, arguing for legal enforceability and enhanced
compliance. (Source- Laxmikant)

2. EVM though resolved issues of Manipulation and tempering but there looms a cloud of mistrust
around them. Do you think VVPATs have been able to reduce the said mistrust? Suggest some
measures to induce more confidence in them.
Approach to Question 2
● Explain how Electronic Voting Machines (EVMs) address manipulation and tampering
issues. Discuss the mistrust surrounding EVMs and the introduction of Voter Verifiable
Paper Audit Trails (VVPATs) to increase transparency. Evaluate the effectiveness of
VVPATs and suggest measures like increased audits, public demonstrations, and
independent verifications to build confidence.(Source-Internet)

3. Enumerate some major electoral reforms heralded by the Supreme Court of India. How far they
have impacted the electoral process. Comment.
Approach to Question 3
● Enumerate major electoral reforms by the Supreme Court, such as mandatory asset
declaration, disqualification of convicted legislators, and guidelines for electoral
transparency. Comment on their impact on the electoral process, emphasizing increased
accountability and integrity. Analyze challenges and areas for further
improvement.(Source-Internet)

4. Electoral Bonds as a scheme aim to bring in transparency and formalization in funding. In light
of the above scheme, critically analyze the Electoral Bond Scheme.
Approach to Question 4
● Describe the Electoral Bond Scheme's aim to bring transparency and formalization in
political funding. Critically analyze its effectiveness, discussing pros (reduced cash
donations, formal banking channels) and cons (anonymity, potential for misuse). Provide
recommendations for enhancing transparency and accountability in political
funding.(Source-Internet)
5. One Nation One Election is a big-ticket reform which has been in the debate recently. Do you
think simultaneous elections are a panacea to the issues posed by frequent elections in India?
Approach to Question 5
● Discuss the concept of simultaneous elections (One Nation One Election) and its
potential to address issues posed by frequent elections, such as administrative costs
and governance disruptions. Analyze benefits (efficiency, reduced expenses) and
challenges (logistical complexities, federalism concerns). Debate if it is a comprehensive
solution.(Source-Internet)

6. Discuss the effectiveness of NOTA in the electoral process. Suggest measures to enhance its
effectiveness.
Approach to Question 6
● Explain the purpose of None of the Above (NOTA) in providing voters with a choice to
reject all candidates. Evaluate its effectiveness in expressing voter dissent and
influencing political parties. Suggest measures to enhance NOTA's impact, such as
awareness campaigns, considering NOTA votes in re-elections, and improving candidate
quality.(Source-Internet)