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1. The Delimitation Act (2002) was amended in 2003,
2008 and 2016.
2. Originally, the Act provided for a period of two years.
3. Earlier, the Delimitation Acts were enacted in 1952,
1962 and 1972.
4. This Act repealed the three earlier Acts, namely, the
Parliament (Prevention of Disqualification) Act, 1950;
the Parliament (Prevention of Disqualification Act, 1951;
and the Prevention of Disqualification (Parliament and
Part C States Legislatures) Act, 1953.
5. This Act was amended in 1974, 1977 and 1997.
6. Earlier, the Rules in this regard were made in 1950 and
1956. Both the earlier Rules were known by the same
nomenclature i.e., the Representation of the People
(Preparation of Electoral Rolls) Rules.
7. Earlier, the Rules in this regard were made in 1951 and
1956. Both the earlier Rules were known by the same
nomenclature i.e., the Representation of the People
(Conduct of Elections and Election Petitions) Rules.
8. These Rules repealed the earlier Presidential and Vice-
Presidential Elections Rules, 1952.
73 Electoral Reforms
COMMITTEES RELATED TO ELECTORAL REFORMS
The various committees and commissions which have examined
our electoral system, election machinery as well as election
process and suggested reforms are mentioned here.
1. Joint Parliamentary Committee on Amendments to Election
Laws (1971–72).
2. Tarkunde Committee was appointed in 1974 by Jaya
Prakash Narayan (JP) during his “Total Revolution”
movement. This unofficial committee submitted its report in
1975.
3. Dinesh Goswami Committee on Electoral Reforms (1990)1
4. Vohra Committee on the Nexus between Crime and Politics
(1993)
5. Election Commission of India Recommendations on
Electoral Reforms (1998).
6. Indrajit Gupta Committee on State Funding of Elections
(1998)2
7. Law Commission of India 170th Report on Reform of the
Electoral Laws (1999)
8. National Commission to Review the Working of the
Constitution (2000–2002)3. It was headed by M.N.
Venkatachaliah.
9. Election Commission of India Report on Proposed Electoral
Reforms (2004).
10. Second Administrative Reforms Commission of India Report
on Ethics in Governance (2007). It was headed by Veerappa
Moily.
11. Tankha Committee (Core Committee) was appointed in 2010
to look into the whole gamut of the election laws and
12. J.S. Verma Committee Report on Amendments to Criminal
Law (2013).
13. Law Commission of India 244th Report on Electoral
Disqualifications (2014).
14. Law Commission of India 255th Report on Electoral Reforms
(2015).
Based on the recommendations made by the above
Committees and Commissions, various reforms have been
introduced in our electoral system, election machinery and
election process. These can be studied under the following 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 19884 reduced the
voting age from 21 years to 18 years for the Lok Sabha as well as
the assembly elections. This was done in order to provide to the
unrepresented youth of the country an opportunity to express their
feelings and help them become a part of political process.
Deputation to Election Commission
In 19885 , a provision was made that the officers and the staff
engaged in preparation, revision and correction of electoral rolls
for elections are deemed to be on deputation to the Election
Commission for the period of such employment. These personnel,
during that period, would be under the control, superintendence
and discipline of the Election Commission.
Increase in Number of Proposers
In 19886 , the number of electors who are required to sign as
proposers in nomination papers for elections to the Rajya Sabha
and state legislative council has been increased to 10 per cent of
the electors of the constituency or ten such electors, whichever is
less. This was done in order to prevent non-serious candidates
from contesting frivolously.
Electronic Voting Machines
In 19897 , a provision was made to facilitate the use of Electronic
Voting Machines (EVMs) in elections. The EVMs were used for
the first time in 1998 on experimental basis in selected
constituencies in the elections to the Assemblies of Rajasthan,
Madhya Pradesh and Delhi. The EVMs were used for the first time
in the general elections (entire state) to the Assembly of Goa in
1999.
Booth Capturing
capturing includes: (i) seizure of a polling station and making
polling authorities surrender ballot papers or voting machines (ii)
taking possession of polling station and allowing only one’s own
supporters to exercise their franchise (iii) threatening and
preventing any elector from going to polling station and (iv)
seizure of the place being used for counting of votes.
Elector’s Photo Identity Card (EPIC)
The use of electors’ photo identity cards by the Election
Commission is surely making the electoral process simple,
smoother and quicker. A decision was taken by the Election
Commission in 1993 to issue photo identity cards to electors
throughout the country to check bogus voting and impersonation
of electors at elections. The electoral roll is the basis for issue of
EPICs to the registered electors. The electoral rolls are normally
revised every year with 1st January of the year as the qualifying
date. Every Indian citizen who attain the age of 18 years or above
as on that date is eligible for inclusion in the electoral roll and can
apply for the same. Once he is registered in the roll, he would be
eligible for getting an EPIC. The scheme of issuing the EPICs is,
therefore, a continuous and ongoing process for the completion of
which no time limit can be fixed as the registration of electors is a
continuous and ongoing process (excepting for a brief period
between the last date for filing nomination and completion of
electoral process) on account of more number of persons
becoming eligible for the right of franchise on attaining the age of
18. It is the continuous effort of the Election Commission to
provide the EPICs to the electors who have been left out in the
ELECTORAL REFORMS OF 1996
In 1990, the National Front Government headed by V.P. Singh
appointed a committee on electoral reforms under the
chairmanship of Dinesh Goswami, the then Law Minister. The
Committee was asked to study the electoral system in detail and
suggest measures for remedying the drawbacks within it. The
Committee, in its report submitted in 1990 itself, made a number
of proposals on electoral reforms. Some of these
recommendations were implemented in 19969. These are
explained here.
Listing of Names of Candidates
The candidates contesting elections are to be classified into three
categories for the purpose of listing of their names. They are
(i) Candidates of recognised political parties
(ii) Candidates of registered-unrecognised political parties
(iii) Other (independent) candidates
Their names in the list of contesting candidates and in the ballot
papers has to appear separately in the above order and in each
category these have to be arranged in the alphabetical order.
Disqualification for Insulting the National Honour Act
A person who is convicted for the following offences under the
Prevention of Insults to National Honour Act of 1971 is disqualified
to contest in the elections to the Parliament and state legislature
for 6 years.
(i) Offence of insulting the National Flag
(ii) Offence of insulting the Constitution of India
(iii) Offence of preventing the singing of National Anthem
Prohibition on the Sale of Liquor
No liquor or other intoxicants are to be sold or given or distributed
at any shop, eating place, hotel or any other place whether public
or private within a polling area during the period of 48 hours
ending with the hour fixed for the conclusion of poll. Any person
who violates this rule is to be punished with imprisonment up to 6
Number of Proposers
The nomination of a candidate in a Parliamentary or assembly
constituency should be subscribed by 10 registered electors of the
constituency as proposers, if the candidate is not sponsored by a
recognised political party. In the case of a candidate sponsored by
a recognised political party, only one proposer is required. This
was done in order to discourage non-serious people from
contesting the elections.
Death of a Candidate
Earlier, in case of death of a contesting candidate before the
actual polling, the election used to be countermanded.
Consequently, the election process had to start all over again in
the concerned constituency. But now, the election would not be
countermanded on the death of a contesting candidate before the
actual polling. However, if the deceased candidate belonged to a
recognised political party, the party concerned would be given an
option to propose another candidate within seven days.
Time Limit for By-Elections
Now, by-elections are to be held within six months of occurrence
of the vacancy in any House of Parliament or a state legislature.
But, this condition is not applicable in two cases:
(i) Where the remainder of the term of the member whose
vacancy is to be filled is less than one year; or
(ii) When the Election Commission in consultation with the
Central Government, certifies that it is difficult to hold the by-
elections within the said period.
Holiday to Employees on the Polling Day
The registered voters employed in any trade, business, industry or
any other establishment are entitled to a paid holiday on the
polling day. This rule applies even to the daily wagers. Any
employer who violates this rule is to be punished with a fine up to
₹500. However, this rule is not applicable in the case of a voter
whose absence may cause danger or substantial loss in respect
A candidate would not be eligible to contest from more than two
Parliamentary or assembly constituencies at a general election or
at the by-elections which are held simultaneously. Similar
restrictions are imposed for biennial elections and by-elections to
the Rajya Sabha and the state legislative councils.
Prohibition of Arms
Entering into the neighbourhood of a polling station with any kind
of arms10 is to be considered a cognizable offence. Such an act is
punishable with imprisonment of up to two years or with fine or
with both. Further, the arms found in possession of the offender
are to be confiscated and the related licence is to be cancelled.
But, these provisions are not applicable to the returning officer,
presiding officer, any police officer or any other person appointed
to maintain peace and order at the polling station.
Effective Campaigning Period Reduced
The minimum gap between the last date for withdrawal of
candidature and the polling date has been reduced from 20 to 14
days.
ELECTORAL REFORMS AFTER 1996
Presidential and Vice Presidential Elections
In 199711 , the 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.
Further, the amount of security deposit was increased from ₹2,500
to ₹15,000 for contesting election to both the offices of President
and Vice-President to discourage frivolous candidates.
Requisitioning of Staff for Election Duty
In 199812 , a provision was made whereby the employees of local
authorities, nationalised banks, universities, LIC, government
undertakings and other government-aided institutions can be
requisitioned for deployment on election duty.
Voting through Postal Ballot
In 199913 , a provision was made for voting by certain classes of
persons through postal ballot. Thus, any class of persons can be
notified by the Election Commission, in consultation with the
government, and the persons belonging to such notified class can
give their votes by postal ballot, and not in any other manner, at
elections in their constituency or constituencies.
Facility to Opt to Vote Through Proxy
In 200314 , the facility to opt to vote through proxy was provided to
the service voters belonging to the Armed Forces and members
belonging to a Force to which provisions of the Army Act apply.
Such service voters who opt to vote through proxy have to appoint
a proxy in a prescribed format and intimate the Returning Officer
of the constituency.
Declaration of Criminal Antecedents, Assets, etc., by
Candidates
In 2003, the election Commission issued an order15 directing
Legislature to furnish on his nomination paper the information on
the following matters.
(i) Whether the candidate has been convicted or acquitted or
discharged in any criminal offence in the past? Whether
he/she was imprisoned or fined?
(ii) Prior to six months of filing nomination, whether the candidate
is accused in any pending case, of any offence punishable
with imprisonment for two years or more, and in which
charges were framed or cognizance was taken by a court; if
so, the details thereof
(iii) The assets (immovable, movable, bank balances, etc.) of a
candidate and his/ her spouse and that of dependents
(iv) Liabilities, if any, particularly whether there are any dues of
any public financial institution or government dues
(v) The educational qualifications of the candidate
Furnishing of any false information in the affidavit is now an
electoral offence punishable with imprisonment upto six months or
fine or both.
Changes in Rajya Sabha Elections:
In 2003, the following two changes were introduced with respect
to elections to the Rajya Sabha16 :
(i) Domicile or residency requirement of a candidate contesting
an election to the Rajya Sabha was removed. Prior to this, a
candidate had to be an elector in the state from where he was
to be elected. Now, it would be sufficient if he is an elector in
any parliamentary constituency in the country.
(ii) Introducing open ballot system, instead of secret ballot
system, for elections to the Rajya Sabha. This was done to
curb cross-voting and to wipe out the role of money power
during Rajya Sabha elections. Under the new system, an
elector belonging to a political party has to show the ballot
paper after marking his vote to a nominated agent of that
political party.
Exemption of Travelling Expenditure
As per a provision of 200317 , the traveling expenditure incurred
by the campaigning leaders of a political party shall be exempted
from being included in the election expenses of the candidate.
Free Supply of Electoral Rolls, etc.
According to a 2003 provision18 , the Government should supply,
free of cost, the copies of the electoral rolls and other prescribed
material to the candidates of recognised political parties for the
Lok Sabha and Assembly elections. Further, the Election
Commission should supply specified items to the voters in the
constituencies concerned or to the candidates set up by the
recognised political parties.
Parties Entitled to Accept Contribution
In 200319 , the political parties were entitled to accept any amount
of contribution from any person or company other than a
government company. They have to report any contribution in
excess of ₹20,000 to the Election Commission for making any
claim to any income tax relief. Besides, the companies would get
income tax exemption on the amount contributed.
Allocation of Time on Electronic Media
Under a 2003 provision20 , the Election Commission should
allocate equitable sharing of time on the cable television network
and other electronic media during elections to display or
propagate any matter or to address public. This allocation would
be decided on the basis of the past performance of a recognised
political party.
Introduction of Braille Signage Features in EVMs
The Commission received representations from the various
associations of visually impaired persons for introduction of Braille
signage features in the EVMs to facilitate the visually impaired