Election Commission of India is one of the greatest gifts of the Constitution

During proceedings of the Assembly, the Sub-Committee connected Fundamental Rights recognised the independency of and non-interference by the enforcement and legislature successful elections a cardinal right. Most significantly, the Constitution, done Article 329, debarred adjacent the judiciary from interfering successful the predetermination process to guarantee uninterrupted elections. This proviso has been the envy of galore predetermination commissions.

A important contented of treatment successful the CA was whether the elections to the authorities legislatures should beryllium vested successful the authorities predetermination committee oregon the cardinal commission. In a far-sighted determination and extremist departure from the national principle, the CA, enactment the Vidhan Sabha elections nether the cardinal Election Commission.

B R Ambedkar summed up the rationale for this bold determination successful the pursuing words: “… No idiosyncratic who is entitled… should beryllium excluded simply arsenic a effect of the prejudice of a section government… In order, therefore, to forestall injustice being done by provincial governments to radical different than those who beryllium to the state racially, linguistically and culturally… the full of the predetermination machinery should beryllium successful the hands of a Central Election Commission.”

How prophetic was he! We progressively spot successful antithetic parts of the state overt oregon covert attempts to exclude definite sections of citizens from electoral registration.

Indian elections person not lone earned nationalist respect but person besides received accolades from crossed the world. US Senator Hillary Clinton went to the grade of calling it a golden standard. The New York Times described it arsenic “the top amusement connected Earth”. No wonderment ECI’s International Institute of Democracy and Election Management has attracted the apical absorption of predetermination bodies including Commissioners of implicit 130 countries successful the past 12 years to larn from us.

However, large elections bash not needfully mean a large democracy. Many satellite ideology indexes person consistently described India arsenic a flawed democracy. What is holding america back? Several factors similar illiteracy, mediocre sex participation, corruption, onslaught connected civilian liberties, governmental culture, etc. This points to a request for urgent antiauthoritarian and electoral reforms.

One of the large blessings of our electoral strategy is the supportive and protective relation of the higher judiciary. The Supreme Court has repeatedly emphasised that the EC’s mandate for escaped and just elections is absolute: “Democracy cannot past without escaped and just elections” (Union of India versus ADR, 2003); “Free and just elections is the basic structure of the Constitution” (PUCL versus Union of India, 2003; NOTA judgment, 2013); and “The bosom of the parliamentary strategy is escaped and just elections” (Mohinder Singh Gill versus CEC of India, 1977).

In February 2024, the apex tribunal struck down electoral bonds arsenic “unconstitutional and manifestly arbitrary” annulling each the legislative changes which had institutionalised and legalised crony capitalism successful India. SC, which has been a guardian angel of democracy, has undone a large damage.

One important origin that makes our ideology flawed is the debased information of women successful elections, some successful presumption of elector enrolment and elector turnout, contempt the Constitution giving them adjacent voting rights from time 1 (Article 326). ECI, by its concerted efforts, has corrected the skewed sex ratio successful the electoral roll. In the 2024 wide elections, the sex ratio of registered voters improved to 948 women per 1,000 men, up from 928 successful 2019. The sex spread successful elector turnout, which utilized to beryllium 10 per cent earlier, has disappeared. In 19 of 36 states, much women turned up to ballot than men successful 2024.

While EC has fulfilled its sex work alternatively impressively, legislative enactment remains acold behind. While 33 to 50 per cent preservation for women successful section bodies elections has been a commendable achievement, the NDA authorities has done good by enacting 33 per cent preservation for women successful Lok Sabha and Vidhan Sabhas, to beryllium operational from the 2029 elections.

It is noteworthy that successful the 2019 elections, Mamata Banerjee created past by giving 41 per cent of tickets to women and ensuring introduction of 9 retired of 17 into Lok Sabha.

While respective reforms person sought to amended the electoral system, galore caller challenges and threats person emerged, which, if not handled quickly, volition derail our democracy. The usage of achromatic wealth and the expanding criminalisation successful authorities person assumed alarming proportions. In the 2024 Lok Sabha elections, the fig of members with transgression cases went up to 46 per cent and crorepatis to 93 per cent. Political defections person plagued authorities formations successful the state since the 1960s. The Anti-Defection Law, 1985, besides known arsenic the Tenth Schedule of the Constitution has proved ineffective. Horse trading is present overmuch little of an equestrian word than a legislative jargon.

Some of the captious reforms the EC has been demanding are:

A ceiling connected governmental parties’ expenditure similar that for candidates. State backing of governmental parties (not elections) with autarkic audit, and a implicit prohibition connected backstage donations. The constitution of an autarkic National Election Fund for each tax-free donations truthful allocation tin beryllium made based connected electoral performance.

Article 324(2) expected Parliament to marque a instrumentality for the process and work conditions of the Election Commissioners which remained unattended for implicit 7 decades. The Act was yet passed successful 2023, connected SC directions, with immoderate mixed features. A partisan collegium makes nary sense. Even an iota of uncertainty astir its neutrality is fatal for democracy. Additionally, the Act has missed retired connected protecting the 2 Election Commissioners from removal from office, truthful that they bash not consciousness arsenic if they are connected probation and their elevation to CEC would beryllium babelike connected the government’s pleasure.

Despite these flaws, the Election Commission of India is so 1 of the top gifts of the Constitution to the nation. The instauration has stood the trial of clip and lived up to the spot of the federation arsenic a almighty watchdog of democracy, immoderate impermanent hiccups notwithstanding. Cooperation of the executive, legislature and the judiciary is required to support our ideology strong. Only past tin the largest ideology connected the satellite anticipation to go the greatest.

Quraishi is simply a erstwhile main predetermination commissioner of India and the author, astir precocious of, India’s Experiment with Democracy: The Life of a Nation done its Elections