Sunday, November 4, 2018

ECI- The Election Commission of India 4

i. EVMs      

EC has been trying to bring improvements in election procedures by taking advantage of scientific and technological advancements. The introduction of ‘electronic voting machines’ (EVMs) is one of the steps in that direction by reducing malpractices and also improving the efficiency of the voting process. On an experimental basis, the EVMs were first tried in the State of Kerala during the 1982 Legislative Assembly Elections. In June 1999 Assembly elections, Goa became the first State to successfully use EVMs in all its Assembly constituencies. In the 2004 Lok Sabha elections, the machines were used all over the country.

It is a major initiative taken by the EC to make the electoral process simple, quick and trouble-free. It has saved money, solved several logistical issues and also contributed to the conservation of environment through saving of paper. Another major advantage of these machines is that the counting of votes becomes more fast and accurate.


6 www.visionias.in ©Vision IAS



EC has not lagged behind in making use of Information Technology for efficient electoral management and administration. It launched a website of its own in 1998. This is now a good source to have accurate information about elections, election laws, manuals and handbooks published by the Commission.


iii. Computerization of Electoral Rolls      

With a view to prevent impersonation of electors at the time of voting and to eliminate bogus and fictitious entries into electoral rolls, EC took a bold step in 1998 to take a nationwide programme for the ‘computerisation’ of electoral rolls. The printed electoral rolls as well as CDs containing these rolls are available to the general public for sale national and State parties are provided these free of cost after every revision of electoral rolls. The entire country’s electoral rolls are available on its website. Karnataka became the first State to prepare electoral rolls with the photographs of voters in the 2008 elections.


In an  attempt to  improve  the  accuracy of the electoral rolls  and  prevent electoral fraud, the Election Commission in



on the part of Election Commission, was a major step to reduce electoral malpractices. Only genuine voters were listed

in the rolls with the issuance of voter identity cards.



  De-criminalization of politics

      For preventing persons with criminal background from becoming legislators, the Commission has made a proposal for disqualifying (from contesting election) a person against whom charges have been framed by a Court for an offence punishable by imprisonment of 5 years or more.

      There is a provision of disqualification once a person is convicted and sentenced to imprisonment of two years or more. The Commission’s proposal is for disqualification even prior to conviction, provided the court has framed charges.

      As a precaution against foisting false cases on the eve of election, it has been suggested that only those cases in which charges are framed six months prior to an election should be taken into account for that election.


  Political parties reforms

      The political parties should be legally required to get their accounts audited annually. The audited accounts should be put in public domain.

      There should be transparency in the fund raising and expenditure of political parties. Income tax exemption for donations should be given only for those political parties which contest election and win seats in the Parliament/State Legislature.

 Misuse of religion for electoral gain

      The Commission has proposed that the provision in that Bill should be considered for avoiding misuse of religion by political parties.


  Amendment of law to make `paid news’ an electoral offence

      The Commission has been proposed amendment in the Representation of People Act(RoPA) , 1951, to provide therein that publishing and abetting the publishing of `paid news’ for furthering the prospect of election of any candidate or



for prejudicially affecting the prospect of election of any candidate be made an electoral offence with punishment of a minimum of two years imprisonment.


  Negative/neutral voting

      In the ballot paper and on the ballot unit, after the particulars relating to the last candidate, there should be provisions for a column `none of the above’ to enable a voter to reject all candidates if he so desires.


  Ban on transfer of election officers on the eve of election

      In the case of general election, there should be a ban against transferring any election related officer without the concurrence of the Commission for a period of six months prior to the expiry of the term of the House.


  Punishment for false affidavit by candidates

RoPA, 1951 provides that furnishing false information in the affidavit filed by the candidate is an offence punishable by imprisonment up to six months or with fine. There is no clear provision for follow-up action in the event of candidates filing false affidavits.

      EC has recommended that RoPA, 1951 should be amended to provide that any complaint regarding false statement in the affidavit filed by the candidates in connection with the nomination paper shall be filed before the Returning Officer (RO) concerned within a period of 30 days from the date of declaration of the election and that it shall be the responsibility of the RO to take proper follow-up action. Alternatively, complaint can lie directly to the Magistrate Court.


Summing Up

Over the years, EC has conducted a number of laudable electoral reforms to strengthen democracy and enhance the fairness of elections. These reforms are quite adequate and admirable. Undoubtedly, the election machinery, under the aegis of the EC, deserves credit for conducting elections in a free and fair manner.

However, our system is still plagued by many vices. To win votes, political parties resort to foul methods and corrupt practices. Such maladies encourage the anti-social elements to enter the electoral fray. The problem is not lack of laws, but



the EC and to give it more legal and institutional powers. The EC must be entrusted with powers to punish the errant

politicians who transgress and violate the electoral laws.

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