Electoral Transparency: Significance & Challenges

Recent concerns raised during the 2024 Maharashtra Assembly elections, like late-hour turnout spikes, sudden voter roll surges, and restricted access to polling CCTV footage, have spotlighted gaps in electoral transparency. These developments underscore the urgent need to safeguard the integrity and credibility of India’s democratic process.

Electoral Transparency: Current Status and facts

Meaning: Refers to the openness, integrity, and accountability of all election-related processes, from voter registration to result declaration.
- Example: The Supreme Court’s 2024 decision to strike down the Electoral Bond Scheme upheld transparency.
Constitutional and Legal Framework Supporting Transparency:
- Article 324: Empowers the Election Commission of India (ECI) to oversee free and fair elections.
- Representation of the People Act, 1951: Governs conduct of elections & disclosure obligations.
Supreme Court Judgments:
- Union of India v. ADR (2002): Mandated disclosure of candidates’ assets and criminal records.
- PUCL v. Union of India (2013): Affirmed voters’ right to know under Article 19(1)(a).
- CPIL v. Union of India (2024): Struck down the Electoral Bond Scheme, asserting the right to know political funding sources.

Significance of Electoral Transparency

Enhances Public Trust in Democracy: Transparent processes ensure that citizens believe elections are fair and credible, thereby boosting voter confidence and turnout.
Prevents Electoral Malpractices: Open access to data and procedures acts as a deterrent to fraud, rigging, and manipulation. E.g., VVPAT verification builds trust.
Promotes Accountability of Stakeholders: Mandatory disclosure of candidate assets and party finances helps voters hold politicians and parties accountable.
Empowers Informed Voting: Access to information about candidates’ criminal records and funding sources enables voters to make rational choices.
Upholds Constitutional Rights: Transparency aligns with Article 19(1)(a), ensuring that voters can meaningfully exercise their right to vote.
Strengthens Institutional Legitimacy: Transparent functioning of bodies like the Election Commission reinforces their independence and credibility.

Challenges to Electoral Transparency in India

EVM and VVPAT Verification Gaps: Only 5 VVPATs per constituency are verified, raising concerns as voters cannot independently confirm the accuracy of EVM results.
Opaque Political Funding: Despite the Supreme Court striking down Electoral Bonds, over 70% of political party funding is from undisclosed sources.
Inaccurate Electoral Rolls: Voter lists suffer from duplicate entries and wrongful deletions; E.g., Maharashtra saw a sudden addition of 4 million voters in six months.
Politicised Appointments in ECI: The 2023 law removed the CJI from the EC selection panel, leading to fears of compromised institutional independence.
Limited Access to Election Data: Form 17C vote data and CCTV footage are not publicly accessible, curbing transparency and scrutiny by stakeholders.
Aadhaar Linkage Concerns: Linking voter IDs with Aadhaar lacks clear safeguards, which risks voter exclusion due to authentication errors or privacy violations.

Electoral Reforms in India

Introduction of VVPAT with EVMs: Voter Verifiable Paper Audit Trail enhances transparency by allowing voters to verify their vote.
Disqualification of Candidates with Criminal Convictions: Candidates convicted of serious offences are disqualified from contesting elections, ensuring cleaner politics.
Mandatory Disclosure of Candidate Information: Candidates must disclose assets, liabilities, educational qualifications, and criminal records through affidavits.
Capping of Election Expenditure: The Election Commission has set limits on campaign spending to promote a level playing field.
cVIGIL App for Reporting Violations: A mobile app launched by ECI for citizens to report Model Code of Conduct violations in real-time.
Use of ERO-NET for Electoral Roll Management: A centralised IT system ensures accurate, transparent, and real-time voter roll updates to reduce duplication.
SC Striking Down Electoral Bonds: The Supreme Court declared electoral bonds unconstitutional, reinforcing the right to know the sources of political funding.
Four Cut-off Dates for Voter Enrollment: Allows new voters to register on January 1^st, April 1^st, July 1^st, and October 1^st—ensuring broader electoral inclusion.

Way Forward for Strengthening Electoral Transparency

Include Political Parties under RTI: Make political parties accountable by bringing them under the Right to Information Act, ensuring public access to information on funding and internal functioning.
Ensure Fully Traceable Political Donations: Ban anonymous cash donations; mandate all political contributions through digital, auditable channels to promote transparency and curb black money.
Enhance VVPAT Verification: Utilise statistically sound sampling for VVPAT cross-checks and enable full verification in cases of discrepancies to enhance confidence in EVM outcomes.
Enable Real-Time and Transparent Electoral Rolls: Publish electoral roll updates (additions/deletions) online with mechanisms for public objection and verification to prevent voter exclusion or duplication.
Disclose Polling Data and CCTV Footage Promptly: Release Form 17C data, voter turnout statistics, and polling booth CCTV footage in a transparent and timely manner to allow public scrutiny.
Restore Independence in ECI Appointments: Implement a neutral selection panel comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India to ensure impartial Election Commissioner appointments.

Electoral transparency is vital for upholding integrity & credibility of India’s democracy. As former Chief Election Commissioner S.Y. Quraishi said, “An election lost fairly is better than one won unfairly.” Strengthening transparency through collaborative reforms is key to achieving a truly participatory democracy.

Reference: The Hindu

PMF IAS Pathfinder for Mains – Question 227

Q. In light of persistent concerns over opaque electoral financing and misuse of state resources, evaluate the need for a comprehensive electoral reform framework in India. (150 Words) (10 Marks)

Approach

Introduction: Write a contextual introduction by mentioning the Maharashtra polls irregularities.
Body: Write the need for a comprehensive electoral reform framework in India with the needed reforms.
Conclusion: Highlights the need for a robust, transparent, and accountable electoral framework to maintain public trust and ensure free and fair elections.