Poll officials carrying EVMs enter the Patparganj counting centre for the Delhi Assembly polls, in New Delhi, on February 8.
| Photo Credit: PTI
The story so far:
The Election Commission (EC) has invited political parties to discuss strengthening the election process. This is in wake of the allegations of manipulation of electoral rolls during the recently concluded assembly elections and issues raised with respect to duplicate Electoral Photo Identity Card (EPIC) numbers in different States.
What are the legal provisions?
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 EC. 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 tectonic 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 was 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.
What are the issues?
There have been a series of issues raised in the past with respect to the voting and counting process. First, there were demands through a Public Interest Litigation (PIL) for reverting to paper ballot papers which was dismissed by the Supreme Court in April 2024. Second, the same PIL demanded 100% matching of VVPAT with EVM count, which at present is carried out for five machines per assembly constituency/segment. The Supreme court, while dismissing this demand as well, had directed that the burnt memory of microcontrollers of 5% of EVMs, which includes that of control units, ballot units, VVPATs, in every assembly segment can be checked and verified by a team of engineers of the EVM manufacturers in case of any suspicion of tampering. The exercise needs to be initiated via a written request from candidates who are placed second or third in a constituency, within seven days of the declaration of election results.
Third, there were allegations of manipulation of electoral rolls in the run up to the Maharashtra and Delhi Assembly elections. The Opposition parties alleged that large number of bogus/fake voters were added to the electoral roll to benefit the ruling party at the Centre. The fourth and current issue relates to identical EPIC numbers for voters belonging to different States like West Bengal, Gujarat, Haryana and Punjab. Opposition parties such as the Trinamool Congress allege that it vindicates their claim of bogus voters being included in the voters’ list. The EC has explained that duplication may have arisen because of the earlier decentralised system for allotting EPIC numbers before shifting to the centralised database on the ERONET platform. It clarified that irrespective of the EPIC number, an elector can cast his/her vote only in their designated polling station in their State or Union Territory.
Apart from the above issues in the election process, there are significant issues related to the campaign process that have to be addressed. First, ‘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. Second, 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. Third, 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.
What are the required reforms?
Free and fair elections is part of the basic structure of our Constitution as declared by the Supreme Court in various cases.
With respect to the electoral process of voting and counting, the following reforms need to be considered and implemented. First, as regards the EVM and VVPAT related aspects, 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 instil statistically significant confidence in the counting process. Further, as recommended by the EC 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. The candidates placed second or third should also utilise the direction of the Supreme Court to demand the verification of 5% of EVMs in each assembly segment in case of any suspected tampering. If any issue is identified, it should be suitably addressed and if there are none, it would put to rest the political speculation.
Second, to address the apprehension of inclusion of fake voters and duplicate EPIC cards, the process of linking citizens’ Aadhaar number with EPIC cards may be considered after detailed discussions with all stakeholders and dispelling concerns around right to privacy. Meanwhile, the EC should remove any duplicate voter ID numbers in the electoral roll across States and ensure unique EPIC numbers.
Equally important, if not more, are the reforms needed in the campaign process. First, the EC 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 have a salutary effect in ensuring adherence to the MCC. Second, with respect to election expenditure, the 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. Third, the Supreme Court direction to candidates as well as political parties to issue declarations about criminal antecedents, at least three times before election, in a widely circulated newspaper in the locality and in electronic media, should be strictly enforced. This would enable a discerning voter in exercising a well-informed choice.
The EC and various political parties should engage in a meaningful discussion on all these aspects so that the campaign and electoral processes instil confidence in voters at large.
Rangarajan R is a former IAS officer and author of ‘Polity Simplified’. He currently trains civil service aspirants at Officers IAS Academy. Views expressed are personal.
Published – March 18, 2025 08:30 am IST