Rajasthan

Appearance

Electoral Reforms ​

  • Several committees and commissions have examined the electoral system, election machinery, and election process, suggesting reforms.

    Committee/CommissionYear(s)Key Aspects
    Joint Parliamentary Committee on Amendments to Election Laws1971-72
    Tarkunde Committee1974-75Appointed by Jaya Prakash Narayan, submitted its report in 1975.
    Dinesh Goswami Committee on Electoral Reforms1990
    Vohra Committee on the Nexus between Crime and Politics1993
    Election Commission of India Recommendations on Electoral Reforms1998
    Indrajit Gupta Committee on State Funding of Elections1998-99Advocated for state funding of elections, constitutionally and legally justified, and in the public interest.
    Law Commission of India 170th Report on Reform of the Electoral Laws1999
    National Commission to Review the Working of the Constitution2000-02Headed by M.N. Venkatachaliah
    Election Commission of India Report on Proposed Electoral Reforms2004
    Second Administrative Reforms Commission of India Report on Ethics in Governance2007Headed by Veerappa Moily.
    Tankha Committee (Core Committee)2010Examined election laws and electoral reforms
    J.S. Verma Committee Report on Amendments to Criminal Law2013
    Law Commission of India 244th Report on Electoral Disqualifications2014
    Law Commission of India 255th Report on Electoral Reforms2015

  • Reforms can be studied under four heads:

    • Electoral reforms before 1996
    • Electoral reforms of 1996
    • Electoral reforms after 1996
    • Electoral reforms since 2010

Electoral Reforms Before 1996 ​

  • Lowering of Voting Age: The 61st Constitutional Amendment Act of 1988 reduced the voting age from 21 to 18 for Lok Sabha and assembly elections.
  • Deputation to Election Commission: In 1989, officers and staff involved in electoral roll preparation are deemed to be on deputation to the Election Commission and under its control.
  • Increase in Number of Proposers: In 1989, the number of proposers required for nomination papers for Rajya Sabha and state legislative council elections was increased to 10% of the electors or ten electors, whichever is less.
  • Electronic Voting Machines:
    • In 1989, a provision was made to facilitate the use of EVMs.
    • Used experimentally in 1998 in selected constituencies.
    • First used in general elections in Goa in 1999.
  • Booth Capturing: In 1989, provisions were made for adjournment of poll in case of booth capturing.
    • Booth capturing includes seizure of a polling station, forcing surrender of ballot papers, allowing only one's supporters to vote, threatening voters, and seizure of counting places.
  • Elector's Photo Identity Card (EPIC):
    • The Election Commission decided in 1993 to issue photo identity cards to electors.
    • Aims to check bogus voting and impersonation.
    • Electoral roll is the basis for EPICs

Electoral Reforms of 1996 ​

  • The National Front Government appointed the Dinesh Goswami Committee in 1990 to study and suggest measures for electoral reforms.

  • Listing of Names of Candidates:

    • Candidates are classified into three categories:

      1. Candidates of recognised political parties.
      2. Candidates of registered-unrecognised political parties.
      3. Other (independent) candidates.

    • Names are listed separately in the above order and arranged alphabetically within each category.

  • Disqualification for Insulting the National Honour Act: Conviction under the Prevention of Insults to National Honour Act of 1971 leads to disqualification from contesting elections for 6 years.

  • Prohibition on the Sale of Liquor: No liquor can be sold within a polling area during the 48 hours before the conclusion of the poll.

  • Number of Proposers: The nomination of a candidate should be subscribed by 10 registered electors of the constituency as proposers, if the candidate is not sponsored by a recognised political party. Only one proposer is required in the case of a candidate sponsored by a recognised political party.

  • Death of a Candidate: Election is not countermanded if a contesting candidate dies before polling. If the deceased candidate belonged to a recognised party, the party can propose another candidate within seven days.

  • Time Limit for By-Elections: By-elections are to be held within six months of a vacancy.

    • Exceptions:

      • If the remainder of the term is less than one year.
      • If the Election Commission certifies that it is difficult to hold the by-elections within the said period.

  • Holiday to Employees on the Polling Day: Registered voters are entitled to a paid holiday on polling day; even daily wagers.

    • Exception: if voter's absence may cause danger.

  • Contestants Restricted to Two Constituencies: A candidate cannot contest from more than two constituencies.

  • Prohibition of Arms: Entering the neighbourhood of a polling station with arms is a cognizable offense.

    • Exceptions: returning officer, presiding officer, police officer.

  • Effective Campaigning Period Reduced: Minimum gap between withdrawal of candidature and polling date reduced from 20 to 14 days.

Electoral Reforms After 1996 ​

  • Presidential and Vice Presidential Elections:

    • In 1997, number of electors as proposers and seconders for contesting election to the office of the President was increased from 10 to 50 and to the office of the Vice President from 5 to 20.
    • Security deposit increased from ₹2,500 to ₹15,000 for both offices.

  • Requisitioning of Staff for Election Duty: In 1998, employees of local authorities, banks, universities, LIC, and government-aided institutions can be requisitioned for election duty.

  • Voting through Postal Ballot: In 1999, certain classes of persons can vote by postal ballot.

  • Facility to Opt to Vote Through Proxy: In 2003, the option to vote through proxy was provided to service voters belonging to the Armed Forces.

  • Declaration of Criminal Antecedents, Assets, etc., by Candidates:

    • In 2003, candidates must furnish information on:

      • Criminal convictions, acquittals, or discharges.
      • Pending cases punishable with imprisonment of two or more years.
      • Assets of the candidate, spouse, and dependents.
      • Liabilities and dues.
      • Educational qualifications.

    • Furnishing false information is an electoral offence.

  • Changes in Rajya Sabha Elections (2003):

    • Domicile/residency requirement for candidates removed.
    • Open ballot system introduced to curb cross-voting.

  • Exemption of Travelling Expenditure: Travelling expenditure of campaigning leaders is exempted from being included in the election expenses of the candidate.

  • Free Supply of Electoral Rolls: The Government should supply, free of cost, the copies of the electoral rolls and other prescribed material.

  • Parties Entitled to Accept Contribution: Political parties can accept contributions from any person or company other than a government company. They have to report any contribution in excess of ₹20,000.

  • Allocation of Time on Electronic Media: Election Commission should allocate equitable sharing of time on electronic media.

  • Introduction of Braille Signage Features in EVMs: The Commission introduced similar Braille signage features on the Electronic Voting Machines.

Electoral Reforms Since 2010 ​

  • Restrictions Imposed on Exit Polls: Conducting and publishing exit polls are prohibited during elections.
  • Time-Limit for Submitting a Case for Disqualification: A three-month time limit was provided for submitting a case for disqualification of a person found guilty of corrupt practices.
  • All Officials Included in Corrupt Practice: Inclusion of all officials appointed by the Election Commission within the scope of corrupt practice.
  • Increase in Security Deposit: The amount of security deposit for Lok Sabha elections was increased.
  • Appellate Authority within the District: Appointment of an appellate authority within the district against the orders of the Electoral Registration Officers.
  • Voting Rights to Citizens of India Living Abroad: Voting rights conferred to citizens of India residing outside India.
  • Online Enrolment in the Electoral Roll: Provision for online filing of applications for enrolment.
  • Introduction of NOTA Option: Provision for None of the Above (NOTA) option in ballot papers/EVMs.
  • Introduction of VVPAT: Voter Verifiable Paper Audit Trail (VVPAT) was introduced to allow voters to verify their votes.
  • Persons in Jail or Police Custody Can Contest Elections: Persons in jail or police custody are allowed to contest the elections.
  • Immediate Disqualification of Convicted MPs and MLAs: Chargesheeted Members of Parliament and MLAs, on conviction for offences, will be immediately disqualified.
  • Photos of Candidates on EVMs and Ballot Papers: Photos of Candidates on EVMs and Ballot Papers.
  • Ceiling on Cash Donations Lowered: The limit for anonymous cash donations has been lowered from ₹20,000 to ₹2,000.
  • Cap on Corporate Contributions Lifted: The limit on corporate contributions has been removed.
  • Introduction of Electoral Bonds: The electoral bond means a bond issued in the nature of promissory note which is a bearer banking instrument and does not carry the name of the buyer or payee.
  • Foreign Funding Allowed: The receiving of foreign funds by the political parties has been allowed.
  • Election Laws (Amendment) Act, 2021:
    • Enabled the linking of electoral roll data with the Aadhaar ecosystem.
    • Specified the 1st January, 1st April, 1st July and 1st October in a calendar year as qualifying dates.
    • Allowed spouses of service voters to cast their vote in person or through postal ballot.
    • Enabled the requisition of premises that are needed for the purpose of counting, storage of voting machines.