The electoral reforms since the late 1980s strengthened India’s voting framework — from lowering the voting age to introducing Electors’ Photo Identity Cards (EPIC) and Electronic Voting Machines (EVMs). These changes, along with the 1996 reform package inspired by the Dinesh Goswami Committee, made the electoral process more inclusive, secure and efficient — essential reading for students of Indian polity.
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Lowering of voting age via the 61st Constitutional Amendment Act, 1988
- (i) The voting age was reduced from 21 years to 18 years for elections to the Lok Sabha and State Assemblies.
- (ii) This reform aimed at bringing the country’s large youth population into the political process and enabling them to express their voice through the franchise.
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Deputation of Electoral Roll Staff to the Election Commission
- (i) A rule was introduced that officials and staff involved in preparation, revision and correction of electoral rolls would be deemed to be on deputation to the Election Commission for the duration of that work.
- (ii) During such deputation these personnel function under the control, superintendence and discipline of the Election Commission, ensuring impartial roll maintenance.
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Increase in Number of Proposers to Discourage Frivolous Candidates
- (i) For nominations to the Rajya Sabha and State Legislative Councils the required number of electors to sign as proposers was raised to ten per cent of electors of the constituency or ten electors, whichever is less.
- (ii) This threshold was intended to filter out non-serious contestants and reduce frivolous nominations.
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Introduction and Early Use of Electronic Voting Machines (EVMs)
- (i) Legal provisions were introduced to facilitate the use of EVMs in elections.
- (ii) First experimental use of EVMs occurred in 1998 in selected constituencies during the Assembly polls in Rajasthan, Madhya Pradesh and Delhi.
- (iii) Goa saw EVMs used for the entire Assembly general election in 1999, marking wider operational adoption.
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Booth Capturing: Definitions and Legal Countermeasures
- (i) Provisions were added for adjournment of poll or countermanding of election when booth capturing occurs.
- (ii) Booth capturing includes:
- (a) Seizing a polling station and forcing polling staff to surrender ballot papers or machines.
- (b) Occupying the polling station and permitting only one’s supporters to vote.
- (c) Threatening or preventing electors from reaching the polling station.
- (d) Seizing places used for counting of votes.
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Electors’ Photo Identity Card (EPIC) Scheme and Implementation
- (i) In 1993 the Election Commission decided to issue photo identity cards to electors nationwide to curb bogus voting and impersonation.
- (ii) The electoral roll is the basis for issuing EPICs; rolls are normally revised annually with 1st January as the qualifying date.
- (iii) Any Indian who attains the age of 18 years on the qualifying date is eligible for entry in the roll and thus for an EPIC.
- (iv) Issuance of EPICs is an ongoing process — continually updated as new electors become eligible and previous omissions are corrected.
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- (i) Background: The 1990 Goswami Committee reviewed electoral shortcomings and recommended many changes; several were implemented in 1996.
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Listing and Order of Candidates on Ballot/Notices
- (a) Candidates are to be listed in three categories:
- (i) Candidates of recognised political parties.
- (ii) Candidates of registered-unrecognised political parties.
- (iii) Other (independent) candidates.
- (b) Within each category names are arranged alphabetically and categories appear in the order above on ballots and candidate lists.
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Disqualification for Insults to National Honour (1971 Act)
- (a) Persons convicted of offences under the Prevention of Insults to National Honour Act, 1971 — such as insulting the National Flag, the Constitution, or preventing the singing of the National Anthem — are disqualified from contesting elections for six years.
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Prohibition on Sale of Liquor in Polling Areas
- (a) Sale or distribution of liquor or intoxicants in any public or private place within a polling area is prohibited during the 48 hours ending with the close of poll.
- (b) Violation attracts punishments: imprisonment up to 6 months or fine up to Rs. 2,000 or both.
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Nomination: Proposers Requirement
- (a) For a candidate not sponsored by a recognised party, nomination must be subscribed by 10 registered electors from the constituency.
- (b) For a candidate sponsored by a recognised political party, only one proposer is required.
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Death of a Candidate Before Polling
- (a) Earlier, a candidate’s death before polling led to countermanding and restarting the process; reforms removed automatic countermanding.
- (b) If the deceased belonged to a recognised party, that party may propose another candidate within seven days.
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Time Limit for By-Elections
- (a) By-elections must ordinarily be held within six months of a vacancy.
- (b) Exceptions:
- (i) When the remainder of the term is less than one year.
- (ii) If the Election Commission, after consulting the Central Government, certifies difficulty in conducting the by-election within six months.
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Holiday to Employees on Polling Day
- (a) Registered voters employed in any trade, business or establishment are entitled to a paid holiday on polling day; this includes daily wagers.
- (b) Employer’s failure to grant this holiday may invite a fine up to Rs. 500.
- (c) Exception: If the voter’s absence would cause danger or substantial loss in the course of employment, the rule need not apply.
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Restriction on Contesting from Multiple Constituencies
- (a) A candidate may not contest from more than two Parliamentary or Assembly constituencies at the same general election (or simultaneous by-elections).
- (b) Similar limits apply for biennial elections and by-elections to the Rajya Sabha and State Legislative Councils.
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Prohibition on Arms Near Polling Stations
- (a) Carrying arms into the neighbourhood of a polling station is a cognizable offence, punishable with imprisonment up to two years, or fine, or both.
- (b) Arms found are liable to confiscation and the offender’s licence may be cancelled.
- (c) Exemptions are provided for the returning/presiding officers, police and authorized peacekeepers at the polling station.
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Reduction of Effective Campaigning Period
- (a) The minimum gap between the last date for withdrawal of candidature and the polling date was reduced from 20 days to 14 days, shortening the effective campaigning window.
The Electoral Reforms in India after 1996 introduced significant measures to strengthen democratic processes, enhance transparency in elections, and curb the misuse of power and money. These reforms covered areas such as Presidential and Vice-Presidential elections, Rajya Sabha elections, voting mechanisms, candidate disclosures, election expenditure, political party funding, and even accessibility through Braille-enabled EVMs. For UPSC students, this is an essential topic linking constitutional provisions with practical governance changes.
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- (i) In 1997, the number of proposers and seconders was raised:
- (a) For President: From 10 to 50.
- (b) For Vice-President: From 5 to 20.
- (ii) Security deposit increased from ₹2,500 to ₹15,000 to discourage non-serious candidates.
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- (i) Requisitioning of staff (1998): Employees from local bodies, banks, universities, LIC, PSUs, and aided institutions could be deployed for election duty.
- (ii) Voting through postal ballot (1999): Election Commission may notify classes of voters eligible for postal ballot voting.
- (iii) Voting through proxy (2003): Service voters from Armed Forces or forces under the Army Act could authorize a proxy voter in prescribed format.
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- (i) In 2003, candidates contesting Parliament or Assembly elections had to declare in their nomination papers:
- (a) Past criminal convictions, acquittals, or imprisonment.
- (b) Pending cases with offences punishable by ≥ 2 years imprisonment.
- (c) Assets of candidate, spouse, and dependents.
- (d) Liabilities such as dues to public financial institutions or government.
- (e) Educational qualifications.
- (ii) Furnishing false information made a punishable offence with imprisonment up to 6 months or fine.
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- (i) Removal of domicile/residency requirement for contesting candidates; now sufficient to be an elector in any constituency nationwide.
- (ii) Introduction of open ballot system replacing secret ballot, aimed at curbing cross-voting and money power. Party members must show their marked ballot to authorized agents.
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- (i) Exemption of travelling expenditure (2003): Travel costs of political party leaders not counted as candidate’s election expense.
- (ii) Free supply of electoral rolls (2003): Government must provide copies of rolls and election material free of cost to candidates of recognized parties.
- (iii) Party funding reforms (2003): Political parties could accept contributions from individuals or companies (except government companies).
- (a) Contributions above ₹20,000 must be reported to the Election Commission.
- (b) Contributors eligible for income tax relief.
- (iv) Allocation of time on electronic media (2003): Election Commission to equitably allocate airtime on cable and electronic media based on past performance of recognized parties.
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- (i) Braille signage feature introduced in Electronic Voting Machines (EVMs) for visually impaired voters.
- (ii) First tested in 2004 Asifnagar Assembly bye-election, later expanded during 2005–2008 Assembly elections across multiple states.
- (iii) Fully implemented during the 2009 General Elections to the Fifteenth Lok Sabha and simultaneous State Assembly elections.
Electoral reforms in India since 2010 have played a significant role in strengthening democratic values, ensuring free and fair elections, and addressing contemporary challenges. With key interventions by the Election Commission of India (ECI), the Supreme Court, and various amendments, reforms such as restrictions on exit polls, voting rights to NRI citizens, introduction of NOTA, and provisions for online electoral enrolment have transformed the electoral process for both students and policy observers.
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Restrictions on Exit Polls
- (i) As per the 2009 provision, conducting and publishing exit poll results during elections is prohibited.
- (ii) Applies to both Lok Sabha and State Assembly elections.
- (iii) Violation is punishable with imprisonment up to two years, or a fine, or both.
- (iv) Exit poll defined: An opinion survey about voting behaviour and choice of political parties/candidates.
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- (i) Introduced in 2009 to simplify disqualification procedure for corrupt practices.
- (ii) Mandated a three-month deadline for the concerned authority to submit the case to the President.
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Inclusion of All Officials in Corrupt Practices
- (i) Enacted in 2009, widening the definition of corrupt practices.
- (ii) Includes all officials—whether government servants or otherwise—appointed/deputed by the Election Commission for elections.
- (iii) Prevents candidates from gaining undue support from election-related staff.
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- (i) Implemented in 2009 to discourage non-serious candidates.
- (ii) For Lok Sabha elections:
- (a) General candidates: raised from ₹10,000 to ₹25,000.
- (b) SC/ST candidates: raised from ₹5,000 to ₹12,500.
- (iii) For State Assembly elections:
- (a) General candidates: raised from ₹5,000 to ₹10,000.
- (b) SC/ST candidates: raised from ₹2,500 to ₹5,000.
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District-Level Appellate Authority
- (i) Provision added in 2009 for appeals against orders of Electoral Registration Officers.
- (ii) Appeals now lie before the District Magistrate / Additional District Magistrate / Executive Magistrate / District Collector.
- (iii) A further appeal can still be made to the Chief Electoral Officer of the State.
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- (i) Granted in 2010 to extend voting rights to NRI citizens.
- (ii) Eligible if:
- (a) Name not in Indian electoral roll.
- (b) Has not taken citizenship of another country.
- (c) Resides outside India for employment, education, or other reasons.
- (iii) Registration linked to passport address in India.
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Online Enrolment in Electoral Roll
- (i) Introduced in 2013 under the Registration of Electors (Amendment) Rules.
- (ii) Enabled online applications for inclusion in electoral rolls.
- (iii) Modernised the process and improved accessibility for citizens.
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Introduction of NOTA (None of the Above)
- (i) Added after Supreme Court directions in 2013.
- (ii) Allows voters to reject all candidates while maintaining ballot secrecy.
- (iii) First used in 2013 Assembly Elections (Chhattisgarh, Madhya Pradesh, Mizoram, Delhi, Rajasthan).
- (iv) Extended to 2014 General Elections for the 16th Lok Sabha and other state assemblies.
- (v) Important Note: Votes under NOTA are not considered in determining election results; the candidate with the highest valid votes still wins.
- (vi) Origin: Proposal first suggested by ECI (2001), followed by a petition by PUCL (2004), and finally upheld by the Supreme Court (2013).
Electoral reforms in India (2013–2015) focused on enhancing transparency, accountability, and fair play in elections. Landmark changes included the introduction of the Voter Verifiable Paper Audit Trail (VVPAT), disqualification rules for convicted legislators, increase in election expenditure limits, and use of candidate photographs on EVMs and ballot papers. These reforms ensured greater confidence among voters and aligned with the Supreme Court’s directions for free and fair elections.
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Introduction of VVPAT System
- (i) What is VVPAT? A paper audit trail attached to EVMs that lets voters verify if their vote is cast correctly.
- (ii) On casting a vote, a slip is displayed for seven seconds showing the candidate’s name, symbol, and serial number before falling into a sealed box.
- (iii) Voters can challenge their vote based on the slip; presiding officers must record such dissent.
- (iv) Introduced by law in 2013 following a Supreme Court ruling that termed VVPAT an “indispensable requirement” for fair elections.
- (v) First used in the 2013 Noksen Assembly bypoll (Nagaland), then extended to state elections and 2014 Lok Sabha elections in eight constituencies.
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Right of Persons in Jail or Custody to Contest Elections
- (i) In 2013, the Supreme Court upheld that those in jail or custody could not vote and thus could not contest elections.
- (ii) To counter this, two provisions were added to the Representation of the People Act, 1951:
- (a) Entry in the electoral roll ensures a person remains an elector, even if voting rights are suspended due to custody.
- (b) MPs/MLAs can only be disqualified under explicit provisions of the Act, not merely due to imprisonment.
- (iii) As a result, prisoners and detainees can contest elections while in custody.
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- (i) In 2013, the Supreme Court ruled that lawmakers convicted of offences would face instant disqualification, removing the earlier three-month appeal window.
- (ii) Struck down Section 8(4) of the Representation of the People Act, 1951 as unconstitutional.
- (iii) Clarified that Articles 102 and 191 of the Constitution do not permit different rules for sitting vs. prospective members.
- (iv) Although a Bill was introduced in Parliament to negate the ruling (Representation of the People Second Amendment and Validation Bill, 2013), it was later withdrawn.
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Increase in Election Expenditure Limits
- (i) In 2014, the Central Government revised spending caps for candidates.
- (ii) For Lok Sabha seats:
- (a) Bigger states → ₹70 lakhs (earlier ₹40 lakhs).
- (b) Other states/UTs → ₹54 lakhs.
- (iii) For Assembly seats:
- (a) Bigger states → ₹28 lakhs (earlier ₹16 lakhs).
- (b) Other states/UTs → ₹20 lakhs.
- (iv) Raised to control rising campaign costs and bring parity across regions.
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Candidate Photos on EVMs and Ballot Papers
- (i) Implemented from May 1, 2015 by Election Commission order.
- (ii) Candidate’s photograph displayed between name and election symbol to avoid voter confusion in constituencies with namesakes.
- (iii) First applied during June 2015 bypolls in five states (six seats).
- (iv) Candidates required to submit recent photos; uniforms, caps, and dark glasses prohibited.
- (v) Absence of a photograph is not grounds for nomination rejection.
