Chapter 3 Electoral Politics

Chapter 1 explained that direct governance by all citizens is neither feasible nor necessary in a democracy. The prevalent form of democracy today involves people governing through their representatives. This chapter examines the process of electing these representatives.

It starts by exploring why elections are essential and beneficial in a democracy and how competition among political parties serves the public interest. The chapter then defines what constitutes a democratic election, distinguishing it from non-democratic ones.

The remainder of the chapter evaluates elections in India against this standard, detailing each stage from constituency demarcation to result declaration. At each step, it contrasts ideal processes with actual practices. Finally, the chapter assesses the freeness and fairness of Indian elections, including the vital role of the Election Commission.

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Why Elections?

Elections are a fundamental feature of any democracy, with over a hundred countries holding them to choose representatives. However, some non-democratic countries also conduct elections.

To understand the necessity of elections, consider a democracy without them. Direct rule by all citizens is only possible in very small communities where everyone can participate in every decision. In large populations, this is impractical due to logistical constraints, time limitations, and the diverse knowledge/expertise required for complex decisions. Thus, most democracies rely on representatives.

Even with representatives, how would they be selected democratically without elections? If selection were based on criteria like age, experience, education, or knowledge, how would we determine who is most qualified? More importantly, how would people ensure representatives act according to their wishes and remove those they dislike? Elections provide the mechanism for people to choose their representatives at regular intervals and change them if desired.

Therefore, elections are considered essential for representative democracies in the modern era. Through elections, voters make key choices:

• Who will make laws for them.
• Who will form the government and make major decisions.
• Which party's policies will guide the government and lawmaking.

*(Note: The example from Haryana in 1987 illustrates how elections can lead to changes in government and policy based on popular will, as seen with Devi Lal's rise to Chief Minister and the subsequent waiving of loans.)*

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What Makes An Election Democratic?

While many countries hold elections, not all are democratic. To distinguish democratic elections, a set of minimum conditions must be met:

1. Universal Suffrage and Equal Value: Everyone eligible must be able to choose, meaning each adult citizen has one vote, and every vote has equal value. (This links to the principle of universal adult franchise discussed in Chapter 1).
2. Real Choice: There must be genuine options to choose from. Parties and candidates should be free to contest, offering voters meaningful alternatives.
3. Regular Intervals: Choices must be offered periodically. Elections must be held regularly, typically every few years.
4. Majority Preference Wins: The candidate or party preferred by the majority of the people should be elected.
5. Free and Fair Process: Elections must be conducted in a free and fair manner, allowing people to express their choices without coercion or manipulation.

These conditions might seem simple, but many countries fail to fulfill them. Applying these criteria helps evaluate whether elections are genuinely democratic.

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Is It Good To Have Political Competition?

Elections inherently involve political competition, primarily among parties and candidates within constituencies. Without competition, elections would lack purpose.

However, political competition has potential drawbacks. It can foster disunity and 'factionalism' within communities, lead to accusations and 'dirty tricks' among parties, and some argue it discourages the formulation of sensible long-term policies or deters well-meaning individuals from entering politics due to its often unhealthy nature.

Despite these demerits, the architects of India's Constitution opted for free electoral competition, believing it is the better system in the long run. While ideally, political leaders would be solely motivated by public service and know what's best for people, this is not always the reality. Leaders, like other professionals, often seek power and career advancement. Even when they wish to serve, they might not understand or align with public needs.

A realistic approach is to create a system where political leaders are rewarded for serving the people and penalised for failing to do so. This system is provided by electoral competition, where the people act as the deciders.

Regular elections incentivise parties and leaders: raising issues important to people increases popularity and chances of winning. Failing to satisfy voters leads to defeat. Even parties motivated primarily by the desire for power are thus compelled to address public concerns. This mechanism is compared to how a market forces even profit-driven shopkeepers to provide good service to retain customers. Therefore, while political competition may have negative aspects, it ultimately serves to ensure that leaders work for the people's benefit.

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What Is Our System Of Elections?

To assess if Indian elections are democratic, it's necessary to understand the electoral system in India. Elections for the Lok Sabha (national parliament) and Vidhan Sabhas (State Legislative Assemblies) are held every five years. After this period, the term of elected representatives ends, and the Lok Sabha or Vidhan Sabha is dissolved.

Elections are conducted simultaneously in all constituencies, either on the same day or within a few days, known as a general election. Occasionally, an election is held for a single constituency to fill a vacancy created by death or resignation; this is called a by-election. This chapter focuses on general elections.

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Electoral Constituencies

India employs an area-based system of representation. For election purposes, the country is divided into specific geographical areas called electoral constituencies. Voters residing in each constituency elect one representative.

• For Lok Sabha elections, India is divided into 543 constituencies. The elected representative from each is called a Member of Parliament (MP).
• To ensure that every vote has equal value (a key feature of democratic elections), the Constitution requires that each constituency should have an approximately equal population.
• Similarly, each state is divided into a set number of Assembly constituencies, electing a Member of Legislative Assembly (MLA). Each Parliamentary constituency comprises several Assembly constituencies.

This system extends to local elections; villages and towns are divided into 'wards' (constituencies) that elect members to village or urban local bodies. Constituencies are sometimes referred to as 'seats'.

*(The number of constituencies per state is based on population, explaining why some states have many and cover large or small areas depending on population density. Reserved constituencies are spread across states based on the proportion of SC/ST population.)*

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Reserved Constituencies

India's Constitution grants every citizen the right to vote and contest elections. However, the framers were concerned that in open competition, certain weaker sections might face challenges in getting elected due to lack of resources, education, contacts, or potential influence from powerful individuals. This could prevent significant voices from being represented in Parliament and Assemblies, making democracy less representative.

To address this, a special system of reserved constituencies was designed for Scheduled Castes (SC) and Scheduled Tribes (ST). In constituencies reserved for SCs, only a person belonging to a Scheduled Caste can contest. Similarly, only ST members can contest from ST-reserved constituencies.

Currently, the Lok Sabha has 84 seats reserved for SCs and 47 for STs (as of Jan 26, 2019). This number is proportionate to their share in the total population, ensuring that reservation does not unfairly reduce the representation of other groups.

This reservation system was later extended to Other Backward Classes (OBC) at the district and local levels in many states. Additionally, one-third of the seats in rural and urban local bodies are reserved for women candidates. *(Note: Recent legislation has also reserved one-third of seats in Parliament and Legislative Assemblies for women, known as Nari Shakti Vandan Adhiniyam, 2023).*

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Voters’ List

After determining constituencies, the next step is to identify eligible voters. In a democratic election, a list of eligible voters is prepared well in advance and provided to everyone. This list is officially called the Electoral Roll and commonly known as the Voters’ List.

This step is crucial for ensuring the first condition of a democratic election: equal opportunity to choose representatives. Based on the principle of universal adult franchise (one person, one vote, one value), the list should include everyone eligible without denial of rights unless for valid reasons (e.g., some criminals or persons with unsound mind, but only in rare cases).

In India, all citizens aged 18 and above are eligible to vote regardless of caste, religion, or gender. The government is responsible for updating the list, adding new eligible voters and deleting those who have moved or passed away. A complete revision occurs every five years to keep it current.

Recently, the Election Photo Identity Card (EPIC) system was introduced, aiming to provide a card to every voter. While carrying this card is encouraged for identification, it's not yet mandatory for voting. Other forms of identification like ration cards or driving licenses can also be used.

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Nomination Of Candidates

For democratic elections to offer a real choice, there should be minimal restrictions on who can contest. India's system largely provides this: anyone eligible to be a voter can also become a candidate, with the main difference being the minimum age requirement (25 years for candidates vs. 18 for voters). Restrictions on criminals apply only in extreme cases.

Political parties nominate their candidates, granting them the party symbol and support (often called a party 'ticket'). Individuals wishing to contest must fill a 'nomination form' and pay a 'security deposit'.

A new system requires candidates to make a legal declaration with full details of:

• Any serious criminal cases pending against them.
• Their assets and liabilities, and those of their family.
• Their educational qualifications.

This information is made public, enabling voters to make informed decisions based on the candidates' backgrounds.

*(Note: The question of educational qualifications for political office is often debated. Arguments against mandatory qualifications include that political leadership requires different skills than academic degrees, that voters are the ultimate judges, and that imposing qualifications could disenfranchise a large part of the population.)*

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Election Campaign

Election campaigns are crucial for giving people the opportunity to understand candidates, parties, and policies, enabling them to make informed choices.

In India, the formal campaign period is two weeks between the final candidate list announcement and polling day. During this time, candidates engage with voters, leaders hold rallies, and parties mobilise supporters. Media coverage intensifies. However, parties often begin preparing for elections months earlier.

Campaigns typically focus on major issues, using slogans to capture public attention and rally support. Examples include 'Garibi Hatao' (Congress, 1971), 'Save Democracy' (Janata Party, 1977), 'Land to the Tiller' (Left Front, 1977), and 'Protect the Self-Respect of the Telugus' (Telugu Desam Party, 1983).

While ideally, campaigns would be conducted freely, regulation is sometimes necessary to ensure fairness and equal opportunity. India's election law prohibits activities like:

• Bribing or threatening voters.
• Appealing based on caste or religion.
• Using government resources for campaigning.
• Exceeding spending limits (₹ 25 lakh for Lok Sabha, ₹ 10 lakh for Assembly constituencies).

Violations can lead to an election being rejected by the court. Additionally, political parties adhere to a Model Code of Conduct, which prohibits using places of worship for propaganda, using government vehicles/officials for campaigns, and ministers initiating new projects or major policy decisions after elections are announced.

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Polling And Counting Of Votes

The final stages of an election involve voters casting their ballots on election day and the subsequent counting of votes.

On election day, voters whose names are on the list go to a nearby polling booth (often in a school or government office). Election officials verify identity, mark a finger, and allow voting. An agent from each candidate is present to ensure fairness.

Historically, voters used ballot papers and stamps. Today, Electronic Voting Machines (EVMs) are commonly used. EVMs list candidate names, party names, and symbols. Voters press a button next to their preferred candidate. Independent candidates are allotted their own symbols.

After polling, EVMs are sealed and stored securely. On a fixed date, the EVMs are opened, and votes for each candidate are counted in the presence of candidate agents. The candidate with the highest number of votes in a constituency is declared elected. Vote counting for a general election usually happens simultaneously across all constituencies, with results announced within hours.

*(Note: The presence of party agents at polling and counting centres is to ensure transparency and prevent rigging or malpractice.)*

*(Example from Gulbarga constituency illustrates how the candidate with the highest number of votes wins, even if it is not an absolute majority (more than 50%) of the total votes polled.)*

What Makes Elections In India Democratic?

Allegations of unfair practices in Indian elections are common, including false entries in voter lists, misuse of government resources, excessive spending by rich candidates, and intimidation/rigging on polling day. While such reports exist and are concerning, the key question is whether these issues are significant enough to undermine the democratic nature of the elections. Can a party win purely through malpractice without popular support?

Examining various aspects suggests that Indian elections are fundamentally free and fair, with the overall outcome reflecting popular preference, despite some localised issues.

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Independent Election Commission

The independence and power of the body conducting elections are crucial indicators of fairness. In India, elections are overseen by a highly independent and powerful Election Commission (EC).

The Chief Election Commissioner (CEC) is appointed by the President but enjoys significant independence, comparable to the judiciary. It is extremely difficult for the government or ruling party to remove the CEC, even if they disagree with the Commission's actions.

The EC of India has extensive powers:

• It makes decisions on every aspect of election conduct and control, from announcement to result declaration.
• It enforces the Code of Conduct and penalises violations.
• During elections, it can issue guidelines to the government to prevent misuse of power or order the transfer of officials.
• Government officers on election duty work under the EC's control, not the government's.

In recent decades, the EC has assertively used and expanded its powers, reprimanding government and administration for lapses. It can order repolls in booths or constituencies where fairness is compromised. Ruling parties must comply, demonstrating the EC's powerful and independent role.

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Popular Participation

Enthusiastic public participation is another measure of election quality. If elections are not seen as free or fair, people tend to disengage.

In India, public participation is notably high and increasing, measured by voter turnout and engagement in election-related activities.

• Voter Turnout: Turnout (percentage of eligible voters casting ballots) in India has remained stable or increased over the past 50 years, contrasting with declining turnout in many Western democracies (like the UK).
• Participation by Social Groups: Unlike some Western democracies where privileged groups vote more, in India, poor, illiterate, and underprivileged sections vote in larger proportions than richer, privileged sections.
• Importance Attached to Elections: Common people in India view elections as important, believing their vote can influence policies and governance.
• Engagement in Activities: Voters' interest in campaign activities has grown, with a significant portion participating in rallies or other events, and many identifying closely with a political party.

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Acceptance Of Election Outcome

A final indicator of free and fair elections is how readily the results are accepted, particularly by the losing parties. In systems with significant rigging, the outcome almost always favours the powerful, and losing parties typically refuse to accept the result.

India's election outcomes demonstrate fairness:

• Routine Defeat of Ruling Parties: Ruling parties frequently lose elections at both national and state levels. In the last 25 years, the ruling party lost in two out of three state elections.
• Defeat of Incumbents: Unlike in the US, where sitting representatives rarely lose, about half of incumbent MPs or MLAs in India are defeated.
• Defeat of Wealthy/Criminal Candidates: Candidates known for excessive spending to buy votes or those with criminal backgrounds often lose elections.
• Acceptance by Defeated Parties: Barring rare disputes, the electoral outcomes are generally accepted as the 'people's verdict' by the parties that lose.

Based on these points – the powerful independent EC, high and engaged popular participation, and the acceptance of results even by losing parties – the overall conclusion is that elections in India are fundamentally basically free and fair. The winning party typically comes to power because it genuinely has popular support, even if specific constituencies might be affected by malpractices. This core fairness makes Indian elections democratic.

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Challenges To Free And Fair Elections

Despite the overall fairness, Indian elections face significant limitations and challenges that prevent them from being completely free and fair, raising questions about whether preferences are truly informed, choices are real, the playing field is level, or ordinary citizens can realistically win.

These challenges include:

• Influence of Money: Candidates and parties with considerable wealth, while not guaranteed victory, enjoy a significant and unfair advantage over smaller parties and independent candidates.
• Criminal Connections: In some areas, candidates with known criminal backgrounds intimidate others and secure tickets from major parties.
• Dynastic Politics: Some families dominate political parties, and tickets are often given to relatives, limiting opportunities for others.
• Limited Choice: Often, voters have limited meaningful choices, as major parties may have similar policies and practices.
• Disadvantage for Small Parties/Independents: Smaller parties and independent candidates face considerable disadvantages compared to larger, well-funded parties.

These issues are not unique to India and exist in many established democracies. They pose concerns for believers in democracy and have led citizens, social activists, and organisations to demand reforms in the electoral system.