Governance and Election Management in India

Governance and Election Management in India towards a culture of
Efficiency and Transparency
Dr Rachna Dutt Goswami
India is biggest democracy of the world. It has population of 1.23 billion
people out of which 810 million exercise right to franchise. In a democratic
form of government conduct of free and fair elections is very important as it
leads to establishment of people’s elected government. It is a process in which
all stakeholders of democratic government participate. In India election
Commission of India, Political Parties, Candidates, electors, media and
researches, scholars, play their role in electing new government. Population
figures and diversities make Indian elections more challenging which the
world follows. Stable and growing India is important for countries who are
interested in Indian consumer markets and its large workforce, thus it is
important to conduct transparent, free and fair elections. In times of economic
crises Indian budget for scheduled election is 50 million dollars. This research
paper studies how elections are conducted with efficiency and transparency in
India. What is role of Election Commission of India and Administrative
machinery in this process? How universal adult franchise is promoted
throughout the country? Discuses electoral reforms needed for meeting
challenges in a parliamentary democracy.
The Constitution of India, Article 324 empowers Election Commission
of India to ……… the conduct of all Elections to Parliament and to the
Legislative Assembly of every state …… (1) For 6 decades Election Commission
has succeeded in conducting elections and has been appreciated by political
scientists of the world. Manorajan Mohanty unites “the elections have been by
and large free and fair, there has been peaceful transfer of power from one
political party to another. This is a crucial test for the functioning of liberal
democracy”. (2) Another evaluation had been that it remains one of the few
constitutional bodies to have realized dreams and visions of founding fathers
of Indian Constitution. The role of the Commission in recent years has often
been perceived as renewed “activism”. (3) Undoubtedly this Constitutional
body has been instrumental in nurturing democracy in India. But every
election comes with new challenges and all stakeholders play their respective
roles. A reflection of figures of scheduled elections explains complexities of
this process.
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Total No. of seats in Lower House of Parliament = 545
Total No. of voters = 810 million
Total No. of Polling stations = 9,00,000 approx.
Total No. of polling staff needed = 4.7 million approx.
Videographers needed = 75,000 approx.
Digital Cameras needed = 42,000 approx.
Election Commission of India and Administrative machinery
Election Commission of India is the constitutional body under Article
324 with responsibility of conducting elections in India. It is a national body
looking after complete process of election. Election Commission of India is
supported by Chief Election Officers in state. District Election Officer in the
district and Tehsildar is a subdivision and block level officer as the grass root
officers. It is depicted in the table below.
Election Commission of India (ECI)
Chief Electoral Officer (CEO)
District Election Officer (DEO)
Electoral Registration Officer (ERO)
Assistant Registration Officer (AERO)
Both level officer (BLO)
Along with this Administrative machinery for the conduct of election
there are other departments who are also involved. They are Police
Information and Broadcasting, Accounts, Information Technology ,
Transportation and also paramilitary forces. Now let us move on to how this
machinery is moving towards efficiency, accountability and transparency and
in nut shell towards organizing a free and fair election process for transfer of
power from one government to another. The major steps taken are as follows:1.
Management of Electoral Rolls.
2.
Effective implementation of model code of conduct.
3.
Universalisation of right to franchise/adult franchise
Systematic Voter Education And Electoral Programme (SVEEP)
4.
Appointing observers, micro observers and expenditure
observers.
5.
Formulation of Media Certification and Monitoring
Committees.
6.
Election Expenditure Monitoring.
7.
Use of Electronic Voting machines
8.
Capacity building of all level of officers involved in election
management.
9.
Daily updating of during nomination, scrutiny and symbol
allotment.
10. Proposed Electoral Reforms.
Management of Electoral Rolls
There are 810 million electors in India. The representation of people Act
1950 and the Registration of Electors Rules, 1960 are legal provisions on
electoral roll management. Rule 13, 26, 8A and 16 of Registration of electors
Rule 1960 provides for forms for inclusion of names, deletions of names
correction of particulars and transposition of entry into electoral roll (4) .There
are 5 types of revisions which are conducted by the government, they are
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Intensive Revision
Summary Revision
Partly intensive partly summary
Special summary
Continuous updating
For the making the voluminous electoral record more transparent the
Election Commission of India has computerized and provided the complete
data on its website. It has facilitated an elector in finding his/her details. Not
only this with the help of electoral roll management system which is IT
enabled programme the whole process is available on line. There is a separate
list of all service voters.
Electoral Roll Management System
Electoral Roll Management System is a window’s based application
developed for using web services as a database retrieval technique. This
system covers the entire process of electoral roll in all the states. Some of
important features are:1. Every Application Form (6, 7, 8, 8A and 6A) received is digitized
2. Separates data base is used for each form
3. Digital signatures of ERO and AERO
4. Printing of electors photo identity cards (EPICs)
5. Facility to track each and every application using unique by key
number.
6. Online search facility for searching on the basis of name, Epic no’s
in English and vernacular language.
7. Epic based search facility to generate voters slip on mobile
8. A tool for rationalization of polling stations.
Model code of conduct
Model code of conduct for the guidance of political parties and
candidates comes into operation from the day ECI announces the schedule for
election in respective constituency/state/states. Model code of conduct is
developed for creating a conclusive environment for providing level playing
field for all parties, gives confidence to all stakeholders, prevents misuse of
official machinery and prevents electoral offences and corruption. Some of the
broad areas of application of model code of conduct are:Execution of welfare schemes and government works.
Publicity/campaign on welfare schemes and government works.
Appointment, transfers and posting of government officials
Use of rest house/ Dak Bungalows and other government
accommodation
5. Tour of Ministers/Political functionaries.
6. Use of official vehicles/aircraft.
7. Printing of pamphlet, posters and other media activities.
1.
2.
3.
4.
T.N. Sheshan after taking over as Chief Election Commissioner strictly
enforced model code of conduct. He “forced the political parties and
candidates to take the Election Commissions code of conduct seriously and
succeed to a good extent in containing violence”. (5) Since then the
commission has punished violators. It has been recognized all over the world
as Rudolph and Rudolph write Election Commission has been getting India’s
parties and candidates ….. Comply with its code of conduct.
Election Expenditure Monitoring
Expenditure done by party and independent candidates is closely
monitored. After the announcement of elections DEO takes meeting of various
stakeholders and discusses the monitoring process and sets rates for all
campaigning activities. There is a limit of Rs. 75,00,000/- for each candidate of
Parliamentary Constituency. Every candidate has to open a bank account.
Maintain election accounts and submit in original a complete account to
commission within 1 month of conduct of election. Secondly the candidate has
to file an affidavit along with nomination paper of his and his family assets in
Form 26. Without Form 26 the candidate stands disqualified. Thirdly DEO
issues notice to a candidate who fails to submit accounts and submits a report
to Commission and can file a FIR. Under Section 10A, 77, 78 and 127A of RP
Act 1951. The candidate can be disqualified for 3 years and fined also. (6)
Effective monitoring is done by election observer, assistant expenditure
observer, flying squad, video surveillance team, video viewing team and
media certification and monitoring Committee. To streamlining finances of
political parties elections, new “Guidelines on transparency and
accountability in party funds…” (7) are being formulated. It will cover
maintaining of accounts of party, authorized office bearer to issue receipt to
persons/companies for every donation/contribution, donations to be
deposited in bank accounts, use of crossed account payee cheque /draft
(above Rs. 20,000/-)audit of accounts etc.
Universalization of Adult Franchise
Greater participation is a fundamental value for stronger democracy.
Systematic Voters Education and Electoral Participation(SVEEP) programme
has been introduced in every district of the country. It is a plan to identify
section and communities which do not participate and bring into the ambit of
political process. It involves stakeholders, develops partnerships for wider
participation, educate and aware communities and sections of society
including new voters. It aims at ensuring that every eligible citizen is enrolled
and to bring every enrolled elector to the polling both. Situational analysis of
district is done and gaps and target groups are identified finding out possible
reasons, interventions are planned accordingly. In this programme NGOs,
Civil society, media, students etc are also involved. Awareness campaigns are
conducted which focus on:1.
2.
3.
4.
Right to vote
Importance of exercising right to franchise.
Process of enrollment as an elector
Laws related to enrollment and electoral process.
Awareness Techniques
1. Media campaigns like advertisement in leading newspapers,
Radio broadcasts, posters and banners.
2. Awareness camps of electronic voting machines.
3. Street plays
4. Involving all political parties, NGOs
5. Awareness of students in high schools and colleges and special
enrollment campaign.
6. SMS to public.
In Chandigarh city after campaign 9066 claims received and 50% were
in age group of 18 to 29 years. For recognizing the outstanding contributions
of media houses “National Media Award for best campaign on voters
education and awareness”.(8) is given on National Voters Day, 25th January.
Capacity Building of Election Administrators
Role of election administrators is very important for successful conduct
of elections. Election Commission of India has established India International
Institute of Democracy and Election Management for developing. Human
Resource Management and international Collaboration in learning, research,
training and extension. IIIDEM has designed capacity building road map for
the country. Institute developed a pool of 600 master trainers for all states and
union territories. These experts conducted capacity building of election
administrators of whole of the country.
These trained elections staff and block level officers in all the districts of
India. In this cascading method all election management officers like CEO,
DEO’s, RO, AERO, Sector Magistrates, Zonal Magistrates, BLO along with
Police Officers, Public relations officers and Finance officers were trained. The
officers have been provided with reading material, ready references etc. it is
another effort of ECI of ensuring efficiency in conduct of elections by
committed, competent, credible and skilled officers and associated staff.
Use of Electronic Voting Machines.
Election Commission of India has introduced use of electronic voting
machine since 2004. Electronic voting machines are temper proof, error free,
easy to operate and portable. There are two components of EVMs, control unit
and ballot unit connected by a cable. Some of the important features of EVM
are:1.
Unique serial Number:- Every control unit has unique
serial no. which matches with metal strip no. and bar code which
exist on the back of the central unit.
2.
Real time clock:- It displays the real time and date. It
records the time of each vote.
3.
Status of battery power:- EVM displays battery power
status. If required it also displays “change battery”.
4.
Power safe mode:- EVM operates on a 6 volt battery. The
unit goes into power safe mode in the idle state, thus enhancing
the life of power parts.
5.
Print:- The result of poll data can be printed.
6.
Braille:- special feature if machine is that molding of Braille
on Ballot unit for visually impaired can be attached.
One the directions of Supreme Court of India, Election Commission is
introducing option of none of the above in ballot papers of EVMs. It is a result
of writ petition by people’s union of Civil liberties and Anr. Vs Union of India.
& Anr.(9) Taking a step forward for more transparency, efficiency and
effectiveness in election process election Commission of India is introduce
Vote Verifier Paper Audit Trail (VVPAT)system. In this system after casting
vote a paper ballot containing details of given vote will be printed and voter
can verify it.(10)
Media Certification and Monitoring Committees
Another area of election corruption is area of nexus between media
houses and candidates. Menace of paid news is a common feature. Paid news
as defined by Press Club of India is any news or analysis appearing in any
media (print and electronic) for a price in cash or kind as consideration. It
misleads the public, influences them and affects level playing field. Therefore
in 2010 and 2011 political parties and election Commission decided to take
stringent measures against this. The commission has appointed Media
Certification and Monitoring Committee. This Committee has members from
Information and Broadcasting Department and Department of Public
relations. The roll of Committee will be to scrutinize media in their respective
jurisdictions refer cases to returning Officer, and RO will issue notice to
candidates to explain why expenditure should not be added to his/her
election expenditure account. It is an emerging dimension therefore
contribution of political parties candidates and media houses is essential for
self regulation.
Election observers
Election observers are appointed by Election Commission to making
administrative machinery accountable. The observers strictly watch that all
guidelines of conduct of elections are followed by officers and model code of
conduct is observed by all candidates and political parties. They are in close
contact with Election Commission and maintain complete record of election
process. In last Parliamentary elections 2046 observes and 1.4 lakh micro
observers were appointed. For effective supervision and monitoring senior
officers are sent to other parts of the country as observers.
Proposed Electoral Reforms
Certain electoral reforms have been proposed by ECI in July 2004, the
second Administrative Reforms Commission 2008, Core Committee on
Electoral Reforms 2010, they are :1.
Affidavit to be filed by candidates on criminal antecedent
assets etc in Form 26, it is proposed to add new columns about
income and punishment of 6 months should be increased to 2
years for willfully concealing information or furnishing wrong
information about their assets.
2.
There is used to increase the security deposit of candidates
of house of people to Rs. 20,000/- and Rs. 10,000/- for legislative
Assembly.
3.
Criminalization of politics
It was proposed to keep candidates with criminal backgrounds
away from contesting elections. Supreme Court of India has given
landmark judgments hence certain reforms have been introduced
to check criminalization of politics. They are immediate
disqualification of MP and MLAs convicted in criminal cases with
sentence of two years imprisonment. Court has barred persons
against whom charges have been framed in serious offences from
contesting elections. Individual lodged in Jails or Police custody
cannot contest elections. Another step is introducing Right to
reject by adding none of the above option in ballot papers.
4.
The commission is of the view that law should be amended
to provide that a person cannot contest elections from more than
one constituency.
5.
It is recommended that results of exit polls and opinion
polls be restricted from publication for a specified period during
the election process.
6.
Compulsory maintenance of accounts by political parties
and conduct of audit of these by agencies specified by the
Election Commission .The audited accounts should be available
for information of the public.
7.
It is recommended that advertisement of achievement of
governments should be prohibited for 6 months before the expiry
of the term.
It appears that electoral reforms have already started in India. It has
been result of contribution of Supreme Court, Election Commission, Activists,
Scholars, Civil society organizations, Media and Government.
Challenges
There are various challenges in conducting Parliamentary Elections.
Some of them are, effective implementation of Model Code of Conduct,
management of election staff in large numbers, deployment of police and Para
military forces for polling day arrangements, check of anti social elements
and corrupt practices during elections, managing polling stations in difficult
and far flung areas, role of observers and newly formulated Media
Certification and Monitoring Committees . In a recent development the apex
court of India has directed ECI to give option of none of the above in ballot
paper of EVMs. It has been introduced in coming Parliamentary Elections.
Considering it to be “Indispensible requirement of free and fair elections, the
Supreme Court of India has directed ECI to introduce a paper backup of votes
cast through EVMs. For this the commission is introducing Vote Verifiable
Paper Audit Trial System to check any tempering of Voting
Machines11.Implementing these initiatives for the first time is another
challenge. Above all controlling distribution of money, liquor and other items
for luring electors by candidates and political parties is a big challenge before
the nation for which the machinery is fully prepared.
Conclusions
After analyzing steps taken by Election Commission of India it is
evident that Commission is consistently introducing changes and adopting
better practices for making Election Management more efficient and
transparent. It appears from these initiatives -Electronic Management of
complete electors records, introducing on line services to electors , daily
updating of information of candidates in all constituencies , introduction of
web – casting of sensitive polling stations , videography of all important
administrative procedures during conduct of elections ,strict adherence to
model code of conduct by political parties and candidates ,effective
monitoring by appointing observers, micro observers and expenditure
observers , developing mechanisms to monitor expenditure done by each
contesting candidate , and also bringing every adult in the ambit of right to
franchise by creating awareness and sensitizing women and backward
communities by introducing Systematic Voters Education And Electoral
Programme (SVEEP) for every district in country . Judicial System of the
country has given landmark judgments and checked criminals from
contesting elections and it is being implemented by the Commission .Another
important development has been giving an option to the voters to reject the
contesting candidates in the form of “None of The Above” in ballot papers.
Indian democracy has credit of one of the largest and biggest democracy
of the world. Unique features of large numbers, diversities of cultures, religion
and graphical features pose inborn challenges in conducting elections. No
doubt that country has effective legislature and laws to check criminal
practices for conduct of free and fair elections but it is very difficult to strictly
implement them and monitor malpractices and election offences like use of
money and liquor by candidates. Another important dimension is election
expenditure of influential candidates, where it is difficult to trace the actual
expenses. Such candidates also influence media and hence the electors.
During elections the state machinery has to perform on various critical fronts
of conduct of election, check election offences, and maintain law and order
along with routine work. It needs a lot of efficiency, effectiveness,
coordination and commitment by various organs of the government which
will be once again proved in the coming elections.
End Notes
1.
The Constitution of India.
2.
Mohanti, Manoranjan (2004) Teorizing Indian Democracy –
Meaning and Practices, Rajandra Vohra and Suhas Pulsikar (Eds)
New Delhi Sage Publications, p 107.
3.
Bath,Nani, Role of the Election Commission of India in
strengthening Democracy in India, IPSA, Fukuyoka,
http://paperroom.ipsa.org
4.
The Registration of Electors Rules, 1960.
5.
Bath,Nani, Role of the Election Commission of India in
strengthening.
6.
Representation of People Act, 1951 Section 10A, 77,78.
7.
Election Commission of India No – 76/PPEMS/2013/786-833
dated 30th Aug 2013.
8.
Election Commission of India No 491/PN/Media/2011
dated 15 Mar 2003.
9.
Peoples Union for Civil Liberties and Anr Vs Union of
India and Anr Writ Petition (Civil)NO 161 of 2004, Supreme
Court of India, New Delhi, September 27,2013.
10.Times of India, SC asks EC to install paper Trial in EVMs for 2014
polls, 9 Oct 2013.
11.Supreme Court Oct 8, 2013, Subramanium Swamy Vs Union of
India.
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7. Representation of People Act, 1951 Section 10A, 77,78
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