Law optional 2021 Paper I

“स्वतंत्र एवं निष्पक्ष चुनाव हमारे संविधान का 'आधारिक ढाँचा' है और यह लोकतंत्र की 'धड़कन' है ।” किन्तु चुनाव प्रक्रिया में व्याप्त स्तर पर फैले भ्रष्टाचार और बढ़ते अपराधीकरण ने हमारे लोकतंत्र को कमज़ोर बना दिया है । चुनाव आयोग द्वारा स्वतंत्र एवं निष्पक्ष चुनाव सुनिश्चित कराने की दिशा में किए गए विभिन्न प्रयासों की विवेचना कीजिए । "Free and fair election is the basic structure' of our Constitution and it is the heartbeat' of democracy." But widespread corruption and increasing criminalisation in the election process have made our democracy weak. Discuss the various efforts undertaken by the Election Commission to ensure free and fair election.

Verified Answer
  1. Core Legal Answer & Context: The statement correctly identifies free and fair elections as an indispensable component of the 'basic structure' of the Indian Constitution and the very 'heartbeat' of democracy. This principle ensures that the government is chosen by the people through a transparent and equitable process, reflecting their will. However, the integrity of this process is constantly challenged by widespread corruption, including vote-buying, misuse of state machinery, and the increasing criminalization of politics, where individuals with criminal backgrounds contest and win elections. These malpractices erode public trust, distort electoral outcomes, and weaken the democratic fabric. The Election Commission of India (ECI), an autonomous constitutional body, plays a pivotal role in combating these challenges and upholding the sanctity of elections through various reforms and enforcement measures.

  2. Relevant Statutes and Sections:

  • Article 324: Establishes the Election Commission of India and vests in it the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President.
  • Representation of the People Act, 1950: Deals with the preparation of electoral rolls.
  • Representation of the People Act, 1951: Deals with the conduct of elections, qualifications and disqualifications for membership, corrupt practices, and electoral offenses.
  1. Important Landmark Cases:
  • Kesavananda Bharati v. State of Kerala (1973): Established the 'Basic Structure Doctrine,' under which free and fair elections are considered an unamendable feature of the Constitution, reinforcing their fundamental importance.
  • Mohinder Singh Gill v. Chief Election Commissioner (1978): The Supreme Court held that Article 324 is a plenary provision, empowering the ECI to take all necessary steps to ensure free and fair elections, even in areas not covered by existing laws, provided it acts fairly and not arbitrarily.
  • Union of India v. Association for Democratic Reforms (2002): The Supreme Court mandated that candidates contesting elections must disclose their criminal antecedents, assets, liabilities, and educational qualifications, empowering voters with crucial information to make informed choices. This was a significant step towards combating criminalization and corruption.
  1. Clear Conclusion: The Election Commission of India has undertaken numerous efforts to ensure free and fair elections, despite the persistent challenges of corruption and criminalization. These include:
  • Model Code of Conduct (MCC): A set of guidelines issued by the ECI for political parties and candidates to observe during elections, ensuring a level playing field and preventing misuse of power.
  • Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPATs): Introduced to enhance accuracy, prevent booth capturing, and increase transparency and verifiability of votes.
  • Expenditure Monitoring: Strict limits on election expenditure and deployment of expenditure observers to curb the use of black money and illicit funding.
  • Voter Awareness Campaigns: Educating voters about their rights, the importance of ethical voting, and the consequences of electoral malpractices.
  • De-criminalization Efforts: While legislative changes are primarily with Parliament, the ECI has consistently advocated for electoral reforms, including faster disposal of cases against candidates with criminal records and permanent disqualification upon conviction.
  • Photo Electoral Rolls (EPIC): Introduction of Electors Photo Identity Cards to prevent impersonation.
  • Online Nomination and Affidavit Filing: To enhance transparency and ease of filing for candidates.

These measures, backed by the ECI's constitutional authority and judicial support, have significantly strengthened the electoral process. However, continuous vigilance, further legislative reforms, and greater public participation are essential to fully address the deep-rooted issues of corruption and criminalization and ensure that free and fair elections truly remain the heartbeat of Indian democracy.