Electoral Reforms in India: Key Changes Shaping Democracy – Part 1

Okay, here is Part 01 of the blog series on Electoral Reforms in India, focusing on the foundational changes that shaped Indian democracy up to the mid-1990s.

Democratic Evolution: Key Electoral Reforms Shaping Indian Democracy – (Part 01)

India, the world's largest democracy, stands as a testament to the power of the ballot. Its vibrant electoral process, while not without challenges, has been the bedrock of its political stability and citizen participation for over seven decades. This journey, however, has been one of continuous evolution, marked by significant electoral reforms aimed at strengthening the democratic fabric, ensuring free and fair elections, and enhancing voter trust.

This is Part 01 of our comprehensive series on "Democratic Evolution: Major Electoral Reforms in India." In this installment, we will embark on a journey through the foundational phase of electoral reforms in India, spanning from the adoption of the Constitution to the critical period leading up to the mid-1990s. This era laid the groundwork for many of the robust systems and practices we see today. We will explore the constitutional vision, the establishment of key institutions, the enactment of seminal laws, and the initial reforms that addressed early challenges to electoral integrity.

For students of Indian Polity, aspirants of competitive examinations (UPSC, State PSCs), educators, and researchers, this detailed exploration will provide conceptual clarity, constitutional accuracy, and analytical depth, all presented in an engaging and structured manner.

The Constitutional Bedrock: Laying the Foundation for Free and Fair Elections

The framers of the Indian Constitution were acutely aware of the importance of elections as the primary instrument of democratic governance. Their vision was to create an electoral system that was not only representative but also free from undue influence and malpractice.

Constituent Assembly Debates: The debates in the Constituent Assembly extensively covered the mechanisms for conducting elections. There was a strong consensus on establishing an independent body to oversee the electoral process, insulating it from executive interference. The discussions emphasized universal adult suffrage as a cornerstone of Indian democracy, a revolutionary step at a time when many Western democracies were still grappling with extending franchise to all.
Key Constitutional Provisions (Part XV: Elections – Articles 324 to 329):
- Article 324: Superintendence, direction, and control of elections to be vested in an Election Commission. This is the cornerstone article establishing the Election Commission of India (ECI) and granting it plenary powers to conduct elections to Parliament, State Legislatures, and the offices of the President and Vice-President. The ECI's independence was envisioned as crucial.
- Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex. This enshrined the principle of a common, universal electoral roll, rejecting separate electorates (a feature of colonial India).
- Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. This historic provision granted every adult citizen (initially 21 years, later reduced to 18) the right to vote, making India one of the largest experiments in democratic enfranchisement from its inception.
- Article 327: Power of Parliament to make provision with respect to elections to Legislatures. This empowers Parliament to enact laws governing all aspects of elections, including delimitation of constituencies, preparation of electoral rolls, and conduct of elections.
- Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature. This grants State Legislatures power to make laws for state elections, subject to Parliament's laws.
- Article 329: Bar to interference by courts in electoral matters. This article limits judicial review in certain electoral processes once they are underway, aiming to ensure timely completion of elections. However, election petitions after the declaration of results are permissible.

Conceptual Visual: Constitutional Mandate for Elections

graph TD
    A[Indian Constitution] --> B(Part XV: Elections);
    B --> C[Article 324: Election Commission of India];
    C --> D[Superintendence, Direction, Control];
    D --> E[Parliament Elections];
    D --> F[State Legislature Elections];
    D --> G[Presidential & Vice-Presidential Elections];

    B --> H[Article 326: Universal Adult Suffrage];
    H --> I[Right to Vote (Initially 21 yrs, later 18 yrs)];

    B --> J[Article 325: Single General Electoral Roll];
    J --> K[No Discrimination: Religion, Race, Caste, Sex];

    B --> L[Article 327 & 328: Legislative Powers];
    L --> M[Parliament & State Legislatures can make electoral laws];

    B --> N[Article 329: Bar to Judicial Interference in specific electoral processes];

Explanation of Visual: This map illustrates the constitutional framework for elections in India as enshrined in Part XV. It highlights Article 324 as the source of the ECI's power, Article 326 establishing universal adult suffrage, and other key articles that provide the legal and operational basis for India's electoral democracy.

The Election Commission of India (ECI): Guardian of the Electoral Process

The establishment of an independent and empowered Election Commission was a masterstroke of the Constitution-makers.

Composition and Structure (Early Years):
- Initially, the ECI functioned as a single-member body (the Chief Election Commissioner - CEC).
- The Constitution allows for the appointment of other Election Commissioners (ECs) by the President. The CEC and ECs have a fixed tenure.
- Security of Tenure: The CEC enjoys security of tenure similar to a Supreme Court judge and can only be removed through a process of impeachment. Other ECs can be removed on the recommendation of the CEC. This was designed to ensure their independence.
Powers and Functions (as envisioned and practiced in early decades):
- Preparing, maintaining, and periodically updating electoral rolls.
- Supervising the nomination of candidates.
- Registering and recognizing political parties and allotting election symbols. This became crucial in a multi-party system with varying literacy levels.
- Conducting polls and ensuring they are free and fair.
- Declaring results.
- Advising the President/Governor on matters related to disqualification of sitting members of Parliament/State Legislatures.
Asserting Independence: The ECI, from its early days, sought to establish its autonomy, often navigating complex political landscapes. The broad and sometimes undefined nature of powers under Article 324 allowed the ECI to issue directives and codes to fill legislative gaps and ensure fair play.

The Statutory Framework: Representation of the People Acts (1950 & 1951)

While the Constitution provided the framework, Parliament enacted detailed laws to govern the actual conduct of elections. The two most significant pieces of legislation are:

The Representation of the People Act, 1950 (RPA, 1950):
- Focus: Primarily deals with matters preparatory to the elections.
- Key Provisions:
  - Allocation of seats in the House of the People and State Legislative Assemblies.
  - Delimitation of parliamentary and assembly constituencies (initially under this Act, later through separate Delimitation Commission Acts).
  - Qualifications of voters.
  - Preparation and revision of electoral rolls.
The Representation of the People Act, 1951 (RPA, 1951):
- Focus: Deals with the actual conduct of elections and post-election disputes.
- Key Provisions:
  - Qualifications and disqualifications for membership of Parliament and State Legislatures.
  - Notification of general elections.
  - Administrative machinery for conducting elections.
  - Registration of political parties (though detailed provisions came later).
  - Conduct of polls.
  - Counting of votes.
  - Declaration of results.
  - Corrupt practices and electoral offences.
  - Election petitions for resolving disputes.

Comparison Table: RPA 1950 vs. RPA 1951

Feature	Representation of the People Act, 1950	Representation of the People Act, 1951
Primary Focus	Preparatory aspects for elections	Actual conduct of elections & post-election processes
Electoral Rolls	Preparation, revision, voter qualifications	(Relies on rolls prepared under RPA 1950)
Constituencies	Allocation of seats, delimitation (initial framework)	Conduct of elections within these constituencies
Candidates	-	Qualifications, disqualifications, nomination
Conduct of Polls	-	Detailed procedures for polling, counting, declaration of results
Corrupt Practices	-	Definition, penalties, grounds for setting aside elections
Election Disputes	-	Mechanism for election petitions
Political Parties	-	Provisions for registration (strengthened later)
Administrative Machinery	Primarily for electoral roll preparation	Detailed machinery for conduct of elections

Explanation of Table: This table clearly distinguishes the scope and purpose of the two foundational statutes governing elections in India, highlighting their complementary roles.

Early Challenges and Initial Waves of Reforms (Pre-Mid 1990s)

The initial decades of Indian elections, while largely successful, were not without their challenges. Issues like impersonation, booth capturing (though less rampant initially), use of money, and minor violence began to surface, prompting calls for reforms.

1. Lowering of Voting Age (The Sixty-First Amendment, 1988)

Historical Context: The demand for lowering the voting age from 21 to 18 years had been a long-standing one, supported by various youth organizations and political parties. The argument was that if 18-year-olds could enter into contracts, marry, and join the armed forces, they should also have the right to vote.
Committee Recommendation: The Tarkunde Committee (1974-75), formally the Committee on Electoral Reforms appointed by Jayaprakash Narayan, was one of the early bodies to strongly recommend this.
Constitutional Amendment: The Constitution (Sixty-first Amendment) Act, 1988, amended Article 326 of the Constitution to reduce the voting age from 21 to 18 years. This came into effect in March 1989.
Impact:
- This was a landmark reform that significantly expanded the electorate, bringing in a large young demographic into the political mainstream.
- It made Indian democracy more inclusive and representative of its youthful population.
- It also posed new challenges for the ECI in terms of managing a larger electoral roll and engaging young voters.

Flowchart: Lowering of Voting Age

graph TD
    A[Initial Voting Age: 21 Years (Art. 326)] --> B{Demand for Lowering Voting Age};
    B --> C[Tarkunde Committee (1974-75) Recommendation];
    C --> D[Political Consensus Builds];
    D --> E[Constitution (61st Amendment) Act, 1988];
    E --> F[Amendment to Article 326];
    F --> G[New Voting Age: 18 Years (Effective March 1989)];
    G --> H[Expansion of Electorate & Increased Youth Participation];

Explanation of Flowchart: This flowchart traces the journey of the reform to lower the voting age, from the initial constitutional provision through committee recommendations to the eventual constitutional amendment and its significant impact.

2. Introduction of Electors' Photo Identity Cards (EPIC)

Problem Addressed: Impersonation or bogus voting was a concern.
Initiative: The idea of photo identity cards for voters was mooted to prevent this.
T.N. Seshan Era (Early 1990s): The then Chief Election Commissioner, T.N. Seshan, vigorously pushed for the implementation of EPICs. He made it a near-condition for holding elections, despite logistical challenges and initial resistance.
Implementation: The process began in the early 1990s and was implemented progressively. While it took time for universal coverage, the introduction of EPICs was a major step towards cleansing electoral rolls and reducing impersonation.
Impact:
- Increased the sanctity of the voting process.
- Served as a crucial identity document for many citizens.
- Strengthened the ECI's administrative control over the electoral process.

3. Evolution and Enforcement of the Model Code of Conduct (MCC)

Origin: The MCC emerged as a consensus-based code voluntarily agreed upon by political parties to maintain decorum and fairness during election campaigns. Its roots can be traced back to Kerala in the 1960 Assembly elections.
Formalization by ECI: The ECI began to issue and enforce the MCC more formally from the 1970s onwards. It comprises guidelines for political parties, candidates, and governments regarding speeches, processions, polling day conduct, and the functioning of the party in power.
Nature of MCC:
- Not Statutorily Backed (during this period, and largely even now): The MCC is not a law passed by Parliament. Its strength lies in its moral authority and the ECI's power under Article 324 to ensure free and fair elections.
- Enforcement: The ECI used its persuasive and, at times, coercive powers (like postponing or countermanding polls in extreme cases of violation) to ensure compliance. T.N. Seshan's tenure saw a particularly strict enforcement of the MCC.
Impact:
- Helped create a more level playing field.
- Curtailed blatant misuse of government machinery by the ruling party.
- Improved the general conduct of election campaigns.

4. Strengthening Provisions against Corrupt Practices and Electoral Offences

RPA, 1951, Amendments: Over the years, the RPA, 1951, was amended multiple times to refine the definitions of corrupt practices (e.g., bribery, undue influence, appeal to communal feelings, booth capturing) and electoral offences, and to prescribe stricter penalties.
Booth Capturing: Recognized as a serious electoral offence, with provisions for adjournment or countermanding of polls in affected booths/constituencies. This became a significant concern in some regions by the late 1980s and early 1990s.
Judicial Interpretation: The judiciary played a role in interpreting these provisions through election petitions, often clarifying the scope of corrupt practices.

5. Role of Key Committees on Electoral Reforms

Several committees were appointed over the years to study the electoral system and recommend reforms. Their reports laid the intellectual groundwork for many changes.

Joint Parliamentary Committee on Amendments to Election Law (Jagannath Rao Committee, 1971-72): Made several recommendations, some of which were implemented in subsequent years.
Tarkunde Committee (appointed by Jayaprakash Narayan's Citizens for Democracy, 1974-75):
- Key Recommendations: Lowering voting age to 18, multi-member Election Commission, measures to curb money power, reforms in political party funding, and that election expenses of candidates be audited by the ECI. Many of its suggestions were radical for their time but influenced future reforms.
Dinesh Goswami Committee on Electoral Reforms (1990): This was a very significant committee.
- Key Recommendations:
  - Fresh delimitation on the basis of the 1981 census (though delimitation was frozen for a long period).
  - Statutory backing for many provisions of the Model Code of Conduct.
  - Proposals regarding election expenses and state funding (though complex).
  - Strengthening provisions against disqualification of candidates.
  - Strongly recommended the use of Electronic Voting Machines (EVMs) to counter irregularities like invalid votes and booth capturing.
  - A multi-member ECI.
  - Disqualification for non-filing of election expenditure accounts.
  - Restriction on the number of constituencies a candidate could contest from (to two).

Comparison Table: Key Committee Recommendations (Pre-Mid 1990s)

Committee Name	Year	Key Recommendations Highlighted
Jagannath Rao Committee (Joint Parliamentary)	1971-72	Various amendments to election law, some related to expenses and party functioning.
Tarkunde Committee (Citizens for Democracy)	1974-75	Lowering voting age to 18, multi-member ECI, audit of candidate expenses, reforms in party funding.
Dinesh Goswami Committee	1990	Use of EVMs, statutory backing for MCC elements, restrictions on candidate contestation, disqualification provisions, state funding (debated).

Explanation of Table: This table provides a quick reference to some of the most influential committees on electoral reforms during this foundational period and their standout recommendations, many of which paved the way for future legislative and administrative actions.

Landmark Judicial Interventions (Pre-Mid 1990s)

The judiciary, particularly the Supreme Court, played a crucial role in interpreting electoral laws and affirming the powers of the Election Commission.

Mohinder Singh Gill vs. Chief Election Commissioner (AIR 1978 SC 851): This is a landmark judgment that extensively discussed the scope of Article 324.
- The Supreme Court held that Article 324 vests the ECI with plenary powers to ensure free and fair elections.
- It stated that when there is no parliamentary legislation or rule occupying a particular field regarding elections, the ECI can issue necessary directions to fill the vacuum in the interest of fair elections.
- This judgment became a cornerstone for the ECI to exercise its inherent powers to conduct, supervise, and control elections effectively.
Cases related to Corrupt Practices: Numerous election petitions decided by High Courts and the Supreme Court helped clarify what constitutes "corrupt practices" under the RPA, 1951, thereby shaping electoral conduct.

Challenges That Persisted (Setting the Stage for Post-1996 Reforms)

Despite these foundational reforms, by the mid-1990s, several challenges had become more pronounced, necessitating a new wave of reforms (which will be covered in Part 02):

Criminalization of Politics: The entry of individuals with criminal backgrounds into the electoral fray was a growing concern.
Influence of Money Power: The escalating cost of elections and the use of unaccounted money were vitiating the process.
Booth Capturing and Electoral Violence: While EPICs and stricter enforcement helped, these issues persisted in certain areas.
Inadequate Inner-Party Democracy: Lack of transparency and democratic processes within political parties themselves.
Delays in Disposal of Election Petitions: Justice delayed is justice denied.
Need for Technological Upgradation: The limitations of paper ballots were becoming apparent.

Conclusion (Part 01)

The period from India's independence to the mid-1990s was foundational for its electoral democracy. The robust constitutional framework, the establishment of an independent Election Commission, the enactment of comprehensive electoral laws like the RPA 1950 and 1951, and early reforms such as lowering the voting age and introducing EPICs, all contributed significantly to institutionalizing democratic elections on an unprecedented scale.

Key committees like Tarkunde and Dinesh Goswami provided vital blueprints for change, and the judiciary, through landmark pronouncements like Mohinder Singh Gill, affirmed the ECI's pivotal role. The evolution of the Model Code of Conduct also marked a significant step towards ensuring ethical campaigning.

However, as Indian democracy matured, new challenges emerged and old ones intensified, setting the stage for the next phase of electoral reforms that would take place from the mid-1990s onwards. These later reforms, which we will delve into in Part 02 of this series, sought to address issues of transparency, accountability, criminalization, and the use of technology in elections.

Interactive Q&A / Practice Exercises

Multiple-Choice Questions (MCQs)

Which Article of the Indian Constitution vests the superintendence, direction, and control of elections in the Election Commission of India?
- (a) Article 323
- (b) Article 324
- (c) Article 325
- (d) Article 326
Answer: (b) Article 324 Explanation: Article 324 is the cornerstone provision that establishes the Election Commission of India and entrusts it with the power to conduct all major elections in the country.
The Representation of the People Act, 1950, primarily deals with:
- (a) Conduct of polls and counting of votes.
- (b) Corrupt practices and electoral offences.
- (c) Preparation of electoral rolls and delimitation of constituencies.
- (d) Qualifications and disqualifications for membership of legislatures.
Answer: (c) Preparation of electoral rolls and delimitation of constituencies. Explanation: The RPA, 1950 focuses on the preparatory aspects of elections, such as who can vote and where they can vote. The RPA, 1951 deals with the actual conduct.
The voting age in India was lowered from 21 years to 18 years by which Constitutional Amendment Act?
- (a) 42nd Amendment Act, 1976
- (b) 44th Amendment Act, 1978
- (c) 61st Amendment Act, 1988
- (d) 73rd Amendment Act, 1992
Answer: (c) 61st Amendment Act, 1988 Explanation: The Sixty-first Amendment amended Article 326 of the Constitution to lower the voting age, significantly expanding youth participation in elections.
Which committee, appointed in 1990, strongly recommended the use of Electronic Voting Machines (EVMs) among other significant electoral reforms?
- (a) Tarkunde Committee
- (b) Santhanam Committee
- (c) Dinesh Goswami Committee
- (d) L.M. Singhvi Committee
Answer: (c) Dinesh Goswami Committee Explanation: The Dinesh Goswami Committee made several influential recommendations, including the adoption of EVMs, which later became a reality.
The Supreme Court's judgment in Mohinder Singh Gill vs. Chief Election Commissioner (1978) is significant because it:
- (a) Mandated the disclosure of criminal antecedents by candidates.
- (b) Affirmed the plenary powers of the Election Commission under Article 324.
- (c) Directed the introduction of the NOTA option.
- (d) Struck down a law granting immunity to convicted legislators.
Answer: (b) Affirmed the plenary powers of the Election Commission under Article 324. Explanation: This judgment clarified that the ECI has broad powers to ensure free and fair elections, especially where existing laws are silent.

Scenario-Based Question

Scenario: During an election campaign in 1992, a minister in the ruling party at the state level uses official government vehicles for transporting party workers to a rally and makes announcements of new government schemes specifically for a constituency going to polls, promising benefits if his party is elected.

Question: Which code of conduct is likely being violated? What kind of action could the Election Commission of India, especially under a proactive CEC like T.N. Seshan, have taken during that period?

Answer Explanation:

Code Violated: The Model Code of Conduct (MCC) is being violated. Specifically, the provisions that prohibit:
- Misuse of official machinery (government vehicles for party work).
- Announcements of financial grants or new schemes by the party in power after elections have been announced, as this can unduly influence voters.
- Using official position for campaign purposes.
Possible ECI Action (T.N. Seshan Era):
- The ECI, under T.N. Seshan, was known for its strict enforcement of the MCC.
- It could issue a notice to the minister and the party, seeking an explanation.
- It could issue a censure or strong disapproval of the minister's actions.
- It might direct the government to stop the misuse of official vehicles and defer any new scheme announcements.
- In egregious cases or repeated violations, the ECI could even have considered postponing polls in that constituency or taking other stringent measures to ensure a level playing field, leveraging its powers under Article 324.
- Publicizing the violations to create public pressure was also a tactic.

This scenario tests the understanding of the MCC's practical application and the ECI's role in its enforcement, particularly during a period of its assertive functioning.

Match the Following

Column A	Column B
1. Article 326	A. Representation of the People Act, 1951
2. Dinesh Goswami Committee	B. Plenary powers of ECI
3. Corrupt Practices & Election Petitions	C. Universal Adult Suffrage (Lowered voting age)
4. Mohinder Singh Gill vs. CEC	D. Recommended EVMs, MCC reforms
5. Electors' Photo Identity Cards (EPIC)	E. Initiative strongly pushed by T.N. Seshan

Answers:

Explanation: This exercise helps reinforce connections between key constitutional articles, committees, legal acts, landmark cases, and significant administrative reforms.

Diagram-Based Question

Refer to the "Conceptual Visual: Constitutional Mandate for Elections" presented earlier.

Question: Based on the visual, explain how Article 324 and Article 326 collectively ensure both the mechanism for and the inclusivity of Indian elections.