Election Process: Cases and History of Malpractices in

India
The concept of free and fair elections is one which we are all
familiar with, but a comparative analysis of the theory and
practice of electoral processes reveals clearly that the two may
not function similarly i.e. prevalence of electoral malpractices
(that have, do and will take place)
These Electoral Malpractices can be defined as the
manipulation of electoral processes and outcomes so as to
substitute personnel or partisan benefit for the public interest.
Such illegal interference to bring about change in election
results can be through external or internal forces i.e. by political
parties contesting elections or by bribed election officers. The
most basic form of electoral fraud is preventing eligible voters
from casting their vote freely and secondly altering the results,
these may be achieved through the following methods;
Disenfranchisement removing a group of peoples right to
vote or changing electoral population by means of force or
financial motivation; where 2 majority populations exist.
Muscle Power highly prevalent and used by criminal
candidates supporters to intimidate voters towards or against
a political party, it includes booth capturing or preventing
voters from reaching booths.
Financial Power voters are bought in cash or kind or
enticed through various means before elections. It showcases
the unfair advantage of rich politicians. Officials too, when
bribed, lead to vote tampering, loss of ballot boxes, unfair
voting procedure etc.
Misleading or Confusing Ballot similar party symbols,
candidates with similar or same names can be used to confuse
voters especially in rural areas where voters may not be well
informed or where ballot papers are still used instead of EVM
machines.
Tampering with Electronic Voting Machines.

The Process officials are bribed, intimidated or coerced to

submit reports to show normal voting has taken place this
makes it difficult to challenge the results from such booths.
Media Malpractice the medias portrayal of the candidates
and parties has direct impact on the voters. The media should
respond to democratic needs, deliver services efficiently,
maintain public trust, accountability and transparency.
In continuance of the British legacy, India follows parliamentary
democracy wherein lies the Election Commission; an
autonomous constitutional authority responsible for
administering election processes.
The Commission that works under the authority of the
Constitution and subsequently enacted Representation of the
People Act (1952) has witnessed elections to the legislative
bodies both at national as well as state level, hamstrung by
snags and stultifying factors such as:
Use of Black Money for rallies ads and votes according
to reports, 4-15 crores is spent by candidates even though the
EC Limit is 70 Lakhs. Naturally, undeclared; black money is
used.
Over Expenditure Although India has a GDP nowhere close
to that of America, we spend an amount comparable to the
American Elections.
Cash for Votes A large sum of money is spent by the
candidates to pay the voters and to buy incentives like liquor or
to pay visitors of rallies etc.
Misuse of Religion or Caste Classic divide and rue case
wherein members of one or more communities are aroused to
vote on religious or caste lines.
Hate Speech severe misuse of religion or case, voters are
not aware that such speeches are violation of the RPA and thus
their disqualification.
Fake Stings (biased news), false promises, paid news,
getting prominent figures to support candidates or

parties more maladies that encourage anti-social elements

to jump into the electoral fray.
Proxy Vote or casting vote on behalf of a security personnel,
under 13F; who is unable to show up.
The Indian Electoral System was largely free from major flows
till the fourth general elections in 1967. The distortions in its
working appeared in the fifth general elections in 1971 and
these got multiplied in the successive elections. Especially
those held in the eighties and thereafter. For instance
The State of UP vs Raj Narain (1975) a case heard by the
Allahabad High Court which found Prime Minister, Indira Gandhi
guilty of electoral malpractices. Ruling on the case filed by the
opposition candidate, she was barred from holding elected
office for 6 yrs. This decision caused a political crisis that led to
the imposition of a state of emergency by the Gandhis
Government from 1975-1977.
State withdrawing cases related to electoral offences
after polls according to reports during election, election
officials and police have detected several incidents of violation
of laws by candidates during polls but as the prosecution of
these cases takes time in court of law and due to other reasons
after the polls state government seek unilateral withdrawal of
cases filled especially in case the ruler happened to be a leader
or supporter of the ruling party. Such withdrawal of cases is
totally against public interest- EC.
The ECI came under severe criticism when an RTI Application
filed by activist Dr. Satendra Singh revealed the
commissions ill-preparedness to safeguard electors with
disabilities in the 2014 lok sabha elections. There were many
violations of the Supreme Court order from 2014 to enfranchise
person with disabilities.
No classes in government primary schools as teachers
remain busy with electoral duties according to various
reports dated oct 6, even though there was no declared holiday
for the 165 state-run primary schools, noc lasses were held on
certain days as the teachers were asked to attend a training
session fir booth-level officers. The apex and high court have

ordered that teachers cannot be given electoral duties during

teaching hours.
Even though the election commission has succeeded in curbing
many malpractices during Elections, it has failed to curb the
flow of cash in election campaigns. To get rid of the growing
influence and vulgar show of money, the EC has fixed legal
limits on the amount of money to be spent and has appointed
expenditure observers for individual candidates even though
political parties do not adhere to financial limits.
Criminalisation of Politics another grave problem in India.
Reports suggest that this menace began in Bihar and gradually
spread all over the nation. In June 2002, the EC (by supreme
courts direction) issued an order under Article 324, wherein
each candidate must submit an affidavit regarding information
on his or her criminal antecedents. In 2003, a law to prohibit
the election of criminals to avoid undesirable situations was
introduced.
The EC has expressed its concern and anxiety for removing
obstacles in the way of free and fair elections. It has made
repeated recommendations and reminded the government the
necessity to change these laws. The tarakunde committee
report (1975), the goswami committee report (1990), the
election commissions recommendations and the indrajit gupta
committee report of 1998 etc. were all initiatives taken by the
EC to cleanse the electoral process in India.
The role of EC in curbing malpractices is utmost as power is
the spoiler of men and it is more so in a country like India,
where the hungry stomachs produce power hungry leaders.

For Officers
How do you think the Election Commission of India fares when
compared to electoral models across the globe?
Its doing well and will continue to do so in the future;
requires no change.
It can do better but its difficult to say.
It falls short in certain areas and requires amendments
and changes regarding implementation.
For Voters
Do you think the judiciary should have more power- Something
akin to a Judicial Electoral Model and the establishment of a
special electoral court for direct supervision?
Yes
No
Not Sure