Panoramic Introduction
When an apple fell on the ground, Newton discovered gravity. What if thousands of democracy's intrinsic values start falling? Would someone be able to discover ambiguity? Election is a cardinal principle of representative government where Election Commission of India (ECI) plays a pivotal role in holding the threshold of electoral democracy. Isn't democracy all about repeatedly seeking the vigilance and mandate of the public?

The most deliberated and negotiated document in the world[i] clearly embraces this fact in its legal principles. Prosperity should necessarily be the first priority of the entire governance system. For the sake of this prosperity, each and every constitutional body has to orient all the activities towards affirmative outcomes. In an Incredible India, a welfare state, the foremost attribute of ECI is possessing neutralized approach towards all the political parties.

The questions arise when a democratic society witness the vanishing transparency due to several reasons such as unregulated expenses and malpractices by political parties, arbitrary actions of the stakeholders, violations of rules and regulations etc. Managing the entire election process is not an easy administrative job; it is tantamount to bring in compliance and accordance with numerous constitutionally mandated provisions.

However, it is a mere objective and motive behind the existence of ECI. Elections are the means of good governance and the constitutional principles and democratic norms are contingent on the execution of such eminent bodies. The need of the hour is to ascertain the obstacles and bring them in the purview of law to get the justice in order to retain a positive perspective of state and political obligation in the comity of great nations. The requirement is to pave a way depicting the independency of ECI through classifying the role in order to commemorate electoral democracy.

ECI: An Autonomous Agency
This 1950 body is self: governing one which targets to conduct free and fair elections every term. In the case of Indira Nehru Gandhi v. Raj Narayan[ii], it was highlighted that the sovereignty and integrity of the nation is reflex of the election process of the nation. The indispensible success of the electoral process ipso facto is the sublime evidence of enriched democracy.

The only prominent body to ensure this is ECI and for the same it has been given exceptions from several legal and public appearances to make the election process undisturbed and unadulterated. In the case of Election Commission of India v. Ashok Kumar[iii], the court clearly mentions that ECI possess some powerful attributes such as control, direction as well as superintendence. Moreover, it has several core responsibilities and obligations towards the ultimate source of power i.e. the people of India.

As rightly said that obligations do not come with price tags, some statutes explicitly mention the rules and code of conduct which every party irrespective of the position need to bind and to assure this boundaries is the legal duty of ECI. The technical aspects for political parties inclusive of notification, appointment, nominations, polls, counting votes and many more are embodied in a legit statute[iv].

The registration of voters along with the updating and revising provisions for electoral lists is clearly in separate specified statute[v]. The Representation of the People Act[vi], the most prominent one bring up the duties of political parties and also describes about the offences committed during elections which can led to the disqualification of candidates too. The question arises is whether these statutory points are followed or are violated in order to fit in the long term political architecture of the nation.

Reality Check
Elections keep legislators on their toes & increases accountability. The truth always set people free but first it gives a bitter lesson to learn. There have been several instances where politicians instead of adhering to the said norms to uplift values of democracy, violates it which make system take a giant leap backwards.

The parties asking votes on the basis of religion is vague assertion in the presence of the Representation of the People Act which clearly states that a party should be secular. Standard rules are the undeniable facts and one such fact is that if a candidate has criminal charge against him/her, it is a clear disqualification. In contrary, almost half of the politicians had criminal charges against them in 2019 Elections proving the prima facie presence of misconduct.

Model Code of Conduct prevent the parties from announcing major policy decisions in the election process though there are instances where steps are taking right before the assembly elections. And the blame is given to Model Code of Conduct attributing it as a complex concept. Isn't it creating a stain on ECI and challenging its independency? If knee is bleeding, a person apply band aid on the knee, if index finger is cut, a person apply band aid on the index finger but does not get hospitalized.

If parties have certain issues with the concepts, recommend reforms to reduce some codes but if they question and challenge the mere existence of ECI, then it is a negative approach towards having full electoral democracy. The major loophole is all about the money spent on the elections which has always kept unaccounted and which is always in noncompliance with the statutory provisions. The need is to act stringently with more firmness so that these parties can be brought in the purview of right to information[vii] which will ultimately bring in the pure democracy[viii].

Roaring Responsibilities of ECI

1. Protector of the Realm: It is not a work of charity but a mere obligation of ECI to safeguard the essence of democracy. In the case of T.N. Sheshan v. Union of India[ix], the court stated that commission has taken rightful efforts and hence it is known as 'Guardian of Free & Fair Elections'. The regional parties along with the nationally dominant parties both should be given equal opportunities to showcase their manifestos and capabilities to bring in welfare in the state. The democracy is all about the protection of rights and determination of duties of the people in order to form a sustaining society.
    
2. Model Code of Conduct: The presence of this code does not aim at restraining the stakeholders to work on the schemes and policies, the intention is to be treat everyone in fair manner so that the recent activity of one party does not influence the previous activity for a particular section. The instances are present where controversial statements during elections considered being the violation of Model Code of Conduct. In the case of I.D. Systems (India) Pvt. Ltd. V. Chief Election Commissioner[x], the court clarified about the object of the model code of conduct is to facilitate the fair election not to stop the parties from performing their jobs. Law is a tool and justice is an abstract. Though the model code of conduct is not backed by statutory provisions and is persuasive in general, the parties need to bind with this good conscience for prevailing justice in the society.
    
3. Blocking over Expenses on Elections: Nationally dominant political parties very conveniently bring up the concept of 'one nation, one election' with a contention that election is a wholesome and cumbersome exercise and also a costly affair. In 2019, the total expenditure incurred on the central elections was Rs. 60,000 crores, out of which only Rs. 10,000 was spent by ECI as necessary expenses and rest was spent by the political parties that too an unaccounted money. If the system wants to save money then it has to put cap on the political parties' expenditure and this would be the dynamic and true step to profess the electoral democracy. According to simple logistics, it won't make any difference if politician's public relations are maintained through a mobile phone camera instead of DSLR camera. In the case of Common Cause: A Registered Society v. Union of India[xi], the court determined the right for themselves to inquire the expenditure incurred in the election process as election should not be fought on the criteria of money rather it is a fundamental of democracy which enshrines the federal spirit of the nation.
    
4. Enhancement of Technological Methods: As history gives great experiences and ring with true lessons, peeking into the same; the indigenous method of ballot paper voting has witnessed several violations and has deteriorated and degraded election as a fair activity. Introduction of the systems such as Electoral Voting Machines (EVM) is a curative step towards forming a transparent process. These systems help in reducing the malpractices to the great extent, and also focus on optimum utilization of resources along with effective and efficient results. In the country of 135 crores of population, computerized electoral rolls would definitely pave the way towards lucidity. Focus on creating a lucid system should be the ultimate motive of ECI in general for the public at large.
    
5. Decriminalization of Politics: Imagine a nation governed by a wrongdoer? Isn't it shaking the integrity of the nation? Elections are integral parts of the democracy intricately interwoven with purity, fairness and good conscience. Though in the presence of rules and regulations provided by ECI several lacunae are popping up due to the lack of rigidity in the system. In the case of Union of India v. Association for Democratic Reforms[xii], the honorable Supreme Court mandated the inclusion of minute essential details of the candidates contesting for elections in an affidavit. The publication of such information to the public and media at free of cost is an integral right of the people and directive principle of state policy to open up with no scars. This practice of escaping the codes is turning democracy from of the people to off the people, by the people to buy the people and for the people to far the people[xiii].

Clinching Suggestions

1. Semester Exchange Programmes: Voting is an eminent process of all the democracies in the world. The survival of the fittest is in the hands of the people of the particular nation. Elections in federal states such as USA are very different from the elections in quasi-federal states such as India. Students who are interested in subjects like Political Science, Journalism, and Mass Communication could join the different international universities to know the electoral process of the different countries. The vast diversity can be understood and great ideas can be exchanged to bring in reforms to enhance the election process.
    
2. Schooling in Electoral Subject: Youth of the nation plays a significant role in the growth of the country. Education policy should include 'Electoral Democracy' as a subject in higher education in order to understand the actual scenario after coming of age. The idea might seem vague but it will enhance the analytical skills of the youth and will upgrade their vigilance power. Acceptance creates fertile soil for the seeds of change. Let's cherish the presence of these responsibilities as they might turn into blessings in disguise.
    
3. Awareness Programmes across the Nation: ECI in collaboration with student boards such as the Association of Indian Universities (AIU) could host events to encourage the youth to make people aware about voting rights and all with full zeal and enthusiasm in order to get the true outcome. Various events could be organized in order to bring awareness among budding generations such as quizzes, interactive youth sessions etc.

Concluding Remarks
ECI from several years have been taking drastic steps in order to strengthen the electoral system. The need is to grow the confidence in the minds of people where the assurance of fairness in elections is visible on the surface and acting as an evident value for proving the electoral democracy of the nation as diapositive structure. All the three pillars of an enriched democracy along with ECI should play their respective roles with complete independency and no overlapping of powers or usurpation of the same.

The empowerment of ECI is necessary to punish the violators of code and to prove the superiority of the Constitution and the people who constituted it for themselves i.e. the supreme source of power. Every individual in a nation has a message to deliver, a mission to accomplish and a destiny to reach. ECI from the day of its establishment is thriving to come upon a sustainable state where it becomes easy for the system to adapt the dynamics of elections with utmost accuracy.

The need of the hour is the emancipation of the role of ECI in protecting and preserving electoral democracy with rigid initiatives for having the essence of lucidity as well as transparency. Citizens are the only ones who can bring a positive change in the system. They can have a great influence and can make entire system bend accordingly. Legal obligation and political obligation need to go hand in hand in order to serve the nation and bring prosperity in its true sense.

Notes:

1. In the Indian Constitution 1949, art. 324
2. In the 1975 case, Indira Nehru Gandhi v. Raj Narayan (SC 2299)
3. In the 2000 case, Election Commission of India v. Ashok Kumar (SC 2979)
4. In the Conduct of Election Rules 1961
5. In the Registration of Electoral Rules 1960
6. In the Representation of the People Act 1951
7. In the Right to Information Act 2005
8. Srishti Sinha. 2021. "Reality Vis A Vis Rule Book." Accessed April 7, 2024 https://blog.ipleaders.in/election:commission:of:india:role:and:duty:in:reality/
9. In the 1995 case, T.N. Sheshan v. Union of India (SC 852)
10. In the 2006 case, I.D. Systems (India) Pvt. Ltd. v. Chief Election Commissioner (Ker 229)
11. In the 1996 case, Common Cause: A Registered Society v. Union of India (2 SCC 752)
12. In the 2002 case, Union of India v. Association of Democratic Reforms (5 SCC 294)
13. Nagnath Borphalkar. 2021. "Indian Democracy & Role of Election Commission." Accessed April 7, 2024 http://www.legalservicesindia.com/article/108/Role:Of:Election:Commission.html

Written By: Jaydeep Findoria, B.A. LL.B
E:mail Address: [email protected], Ph no: +91 7069865887