Background and Evolution

• Article 324 of the Constitution provides that the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Parliament and State legislature shall be vested in the Election Commission of India (ECI). 
• The preparation of electoral rolls is governed by the provisions of the Representation of the People Act, 1950 and related rules, including Registration of Electors Rules, 1960.
• The voting process has undergone huge changes since the first general election in 1952. 
• In the first two general elections of 1952 and 1957, a separate box was placed for each candidate with their election symbol. 
• Voters had to drop a blank ballot paper into the box of the candidate whom they wanted to vote for. It is only from the third general election in 1962 that ballot papers with names and symbols of candidates were introduced. 
• Subsequently, since the 2004 general elections to the Lok Sabha, Electronic Voting Machines (EVM) have been used in all constituencies. 
• Since 2019, EVMs have been backed by 100% Voter Verifiable Paper Audit Trail (VVPAT) slips in all constituencies.
• Recently, the ECI has invited the political parties to discuss strengthening the electoral process.

Issues in Electoral Process

• • Concerns over EVM-VVPAT integrity: Allegations and public mistrust about mismatch between Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT) slips has led to many cases being filed in the Supreme Court to revert back to paper ballots.
  • Duplicate/fake voters and EPIC number duplication: The Opposition parties alleged that a large number of bogus/fake voters were added to the electoral roll to benefit the ruling party at the Centre.
    • Another issue relates to identical EPIC numbers for voters belonging to different States like West Bengal, Gujarat, Haryana and Punjab.

• The EPIC number is a unique alphanumeric identifier printed on an Indian voter’s Electors Photo Identity Card (EPIC) used to verify their identity during elections

• Model Code of Conduct (MCC) violations by star campaigners: ‘Star Campaigners’ of most parties have been guilty of using inappropriate and abusive words against leaders of other political parties, appealing to caste/communal feelings of electors, and making unsubstantiated allegations.
• Unregulated and excessive election expenditure: Candidates of all major political parties breach the election expenditure limit by a wide margin. Further, there are no limits on political party spending during elections. 
  • The Centre for Media Studies has estimated that the expenditure during the 2024 Lok Sabha elections was close to ₹1,00,000 crore by various political parties. Such inflated election expenditure fuels corruption resulting in a vicious cycle.
• Criminalisation of politics: As per the report of the Association of Democratic Reforms, the issue of criminalisation of politics has almost reached its nadir with 251 (46%) of the 543 elected MPs in 2024, having criminal cases against them. Of them 170 (31%) face serious criminal charges including rape, murder, attempt to murder and kidnapping.

Reforms Needed in Election Process 

• Scientific VVPAT verification: The sample size for the matching of EVM count and VVPAT slips should be decided in a scientific manner by dividing each State into large regions. 
  • In case of even a single error, VVPAT slips should be counted fully for the concerned region. This would instill statistically significant confidence in the counting process.
• Use of Totalisers: As recommended by the ECI in 2016, in order to provide a degree of cover for voters at the booth level, ‘totaliser’ machines can be introduced that would aggregate votes in 14 EVMs before revealing the candidate-wise count. 
• Aadhaar-EPIC linking: The process of linking citizens’ Aadhaar number with EPIC cards may be considered after detailed discussions with all stakeholders to address the issues around right to privacy. 
  • Meanwhile, the ECI should remove any duplicate voter ID numbers in the electoral roll across States and ensure unique EPIC numbers.
• Empower ECI: ECI should be authorised to revoke the ‘Star Campaigner’ status of a leader, in case of any serious violation of the Model Code of Conduct (MCC), thereby depriving the party candidates of expenditure relief for their campaigns. 
  • Under Paragraph 16A of the Symbols order, the EC has the power to suspend or withdraw the recognition of a recognised political party for its failure to observe MCC or follow lawful directions of the Commission. 
  • Strict action under this provision against bigger parties would  promote adherence to the MCC.
• Cap on political party expenditure:  Law must be amended to explicitly provide that ‘financial assistance’ by a political party to its candidate should also be within the limits of election expenditure prescribed for a candidate. There should also be a ceiling on expenditure by political parties. 
• Strict enforcement of criminal background disclosures: The Supreme Court direction to candidates as well as political parties to issue declarations about criminal cases and convictions, at least three times before election, in a widely circulated newspaper in the locality and in electronic media, should be strictly enforced. 
  • Educate voters and enable informed decision-making through public awareness.

Conclusion

• The Election Commission of India and various political parties should engage in a meaningful discussion on all these aspects so that the campaign and electoral processes have the trust and confidence of the voters.