The history of election laws
in India is deeply linked to the progression of Democratic administration and
constitutional development in the nation. It depicts India’s transition from
colonial rule to an independent Democratic Republic. Election laws have changed
throughout time to guarantee free, fair and transparent elections while
striking a balance between individuals rights and the requirement to preserve
electoral integrity.
1-PRE – INDEPENDENCE ERA
The British colonial era
is when India’s electoral history began. Limited kinds of representation were
introduced in the late 19th and early 20th centuries,
mostly property owners and educated people.
The Indian Councils Act,
1861- established central and provincial legislative councils. The British government
nominated the majority of the members, and Indians had relatively little
representation. There was no official election procedure, and few people took
part.
The Indian Councils Act,
1892 – restricted elections for certain members of the provincial council. Established
the idea of representation through electorates, but only a small number of
property owners had the ability to vote. In many instances, voting was done
indirectly through limited suffrage and a nomination system.
The Indian Councils Act,
1909 (Morley- Minto Reforms) – established communal representation, granting
Muslims their own electorates. Also increased Indian involvement in politics
while deepening religious tensions. Elections were still limited to certain constituencies,
frequently determined by taxation, education or property owners.
The Government of India
Act, 1919 (Montagu- Chelmsford Reforms) – established dyarchy, granting Indian
regions a degree of autonomy. And increased the number of Indians who could
vote by expanding the electorate, although participation was still restricted.
Introduced the idea of holding direct elections for some provincial councils.
The Government of India
Act, 1935 – The federal structure and province autonomy were established by
this historic act. Increased the electorate to roughly 10 - 15% of the total
population. Introduced limited adult male voting in provincial elections.
The British policy of
incremental political reform without extending full democratic rights was reflected
in the pre- independence elections, which were largely restricted, indirect,
and discriminatory. Yet, the groundwork for contemporary electoral legislation
in independent India was established during this time.
2- POST- INDEPENDENCE ERA (1947- 1950)
India became an
independent, democratic republic on August 15, 1947. On January 26, 1950, the
Indian Constitution went into effect. Elections formed the cornerstone of the
India’s democracy after independence. The Election Commission of India (ECI)
was established as part of the Constitution’s comprehensive electoral
structure.
Constitutional provisions
– Articles governing elections include -
Article 324: Establishes
the Election Commission of India and vests it with the power to supervise,
direct, and control elections to Parliament, State Legislatures, and the
offices of President and Vice-President.
Article 326: Provides for
adult suffrage in elections to the House of the People (Lok Sabha) and State
Legislative Assemblies, ensuring universal adult franchise.
Article 325–329: Ensure
equal representation, define the conduct of elections, and bar Parliament or
State Legislature from interfering in the Election Commission’s powers.
Formation of the Election
Commission of India – founded on January 25, 1950. It used to have just one
member, but today it has two Election Commissioners and a Chief Election Commissioner.
In charge of keeping electoral records up to date, conducting free and fair
elections, and making sure election regulations are followed.
FIRST GENERAL ELECTIONS (1951 – 1952)
India held its first
general elections between October 1951 and March 1952. These elections were
important for a number of reasons:
→At the time, it was the
biggest democratic exercise, with over 173 million eligible votes.
→The legal foundation for
elections was established by the Representation of the People Acts of 1950 and
1951:
RPA 1950: Handle electoral
roll preparation.
RPA 1951: Address
election offenses, candidate qualifications and disqualifications, and election
conduct.
→Regardless of caste,
creed, or gender, all citizens over the age of 21 were granted the universal
adult franchise.
→First-past-the-post elections
were held.
These election’s success
laid the groundwork for India’s parliamentary democracy.
EVOLUTION OF ELECTION LAW (1952–1970)
India’s electoral rules
were strengthened by a number of judicial interventions and revisions after
independence:
a-Electoral Malpractice
and offences – In order to stop corrupt activities like bribery, undue
influence and impersonation, the Election Commission implemented steps. Election
challenges on the basis of malpractice were made possible by the Representation
of the People Act 1951.
b- Franchise Expansion – Constitution
(Seventh Amendment) Act, 1956: modified representation when states were
reorganised. In some circumstances, the Constitution (Eighteenth Amendment) Act
of 1966 lowered the voting age to 18 from 21.
PERIOD OF ELECTORAL REFORMS (1970s–1990s)
India underwent
significant election reforms in the 1970s and 1990s with the goals of enhancing
political accountability, reducing corruption, and boosting transparency.
a-Anti- Defection law (1985)
– Implemented by the Tenth Schedule of the 52nd Amendment. It stops
elected officials from changing parties after being elected. Increased the
legislative system’s stability.
b- Regulation of Election
Expenditures – To avoid undue influence through money power, the Election
Commission placed restrictions on canndidates’ election expenditures.
c- Electoral rolls and
voter registration – In order to stop fraudulent voting and impersonation, EPIC
(Electors Photo Identity Card) was introduced in 1993. Election rolls had to be
updated on a regular basis.
d- Judicial Interventions
– In the 1975, Supreme Court decision Raj Narain vs Indira Gandhi, electoral
malpractice was ruled to be grounds for disqualification.
Public confidence in
elections was boosted by the increased judicial examination of election
procedures.
Key challenges today: -
1-Criminalization of politics.
2-Black money and unregulated election funding.
3-Social media manipulation and fake news.
4-Low voter participation in urban areas.
CONCLUSION
India’s election law
history reflects the development of the nation’s democracy. Election law has
changed significantly from the restricted, limited representation during the
British rule to the Universal adult right to vote in independent India. The
foundation of electoral governance is comprised of the Election Commission, the
Representation of the People Acts, and the Constitution. The democratic process
is still strengthened by the legislative changes, judicial interventions, and
technological advancements. India’s voting system is still strong and
representative of the largest democracy in the world, despite issues like
criminality, money power, and technological abuse.
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