Key Reforms Introduced
1. Lowering of Voting Age
- The 61st Constitutional Amendment Act of 1988 reduced the voting age from 21 years to 18 years for both Lok Sabha and assembly elections. This aimed to provide representation to a larger segment of the youth in the democratic process.
2. Increase in Number of Proposers
- In 1988, the number of electors required to sign as proposers for nomination papers for elections to the Rajya Sabha and state legislative councils was increased to 10% of the electors of the constituency or 10 electors, whichever is less. This was done to prevent frivolous candidates from contesting.
3. Electronic Voting Machines (EVMs)
- Introduced in 1989 on an experimental basis to facilitate easier voting. EVMs were first used in the general elections (entire state) to the Assembly of Goa in 1999. Their use has significantly reduced booth capturing and invalid votes.
4. Measures against Booth Capturing
- In 1989, provisions were made for the adjournment of poll or countermanding of elections due to booth capturing. Booth capturing includes:
- Seizures of polling stations and making polling authorities surrender ballot papers or voting machines.
- Taking possession of polling stations and allowing only one's own supporters to exercise their franchise.
- Threatening and preventing any elector from going to a polling station.
- Seizure of a place for counting of votes.
5. Reforms for Presidential and Vice-Presidential Elections
- In 1997, the number of electors as proposers and seconders for contesting the office of the President was increased from 10 to 50, and for the office of the Vice-President from 5 to 20. The amount of security deposit was also increased from Rs. 2,500 to Rs. 15,000 for contesting both offices to discourage frivolous candidates.
6. Voting Through Postal Ballot
- In 1999, a provision was made for voting by certain classes of persons through postal ballot. The Election Commission can notify such classes, and 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. This often includes armed forces personnel, government employees posted abroad, and persons on election duty.
7. Increase in Security Deposit
- The security deposit for contesting Lok Sabha elections was increased from Rs. 500 to Rs. 10,000 for general candidates and from Rs. 250 to Rs. 5,000 for SC and ST candidates. Similarly, for state legislative assembly elections, it was increased from Rs. 250 to Rs. 5,000 for general candidates and from Rs. 125 to Rs. 2,500 for SC and ST candidates. This was done to check the multiplicity of non-serious candidates.
8. Listing of Names of Candidates
- Candidates contesting elections are classified into three categories for listing their names on ballot papers:
- Candidates of recognised political parties.
- Candidates of registered unrecognised political parties.
- Other (Independent) candidates.
9. Disqualification for Insulting the National Honour Act
- A person convicted for the following offenses under the Prevention of Insults to National Honour Act of 1971 is disqualified from contesting elections to Parliament and state legislature for 6 years:
- Offence of insulting the National Flag.
- Offence of insulting the Constitution of India.
- Offence of preventing the singing of the National Anthem.
10. Offence on the Sale of Liquor
- No liquor or other intoxicants are to be sold or distributed at any shop, eating place, hotel, or any other public or private place within a polling area during the period of 48 hours ending with the hour fixed for the conclusion of the poll. Violation of this rule is punishable with imprisonment up to 6 months or a fine up to Rs. 2,000 or both.
11. Number of Proposers (for candidates not sponsored by recognized parties)
- The nomination of a candidate in a Parliamentary or assembly constituency, if not sponsored by a recognised political party, must be subscribed by 10 registered electors of the constituency as proposers. This was done to discourage disinterested people from contesting elections.
12. Death of a Candidate
- If a contesting candidate dies before the actual polling, the election used to be countermanded. Now, the election process is not countermanded on the death of a contesting candidate before the actual polling. However, if the deceased candidate belonged to a recognized political party, the party concerned would be given an option to propose another candidate within 7 days.
13. Time Limit for Bye-elections
- Bye-elections are to be held within 6 months of the occurrence of the vacancy in any House of Parliament or a state legislature. However, this is not applicable if:
- The remaining term of the member whose vacancy is to be filled is less than one year.
- The Election Commission, in consultation with the Central Government, certifies that it is difficult to hold the bye-election within the said period.
14. Holding to Employees on the Polling Day
- 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 daily wagers. Any employer who violates this rule is punishable with a fine up to Rs. 500. This rule is not applicable if the absence may cause danger or substantial loss in respect of the employment in which he is engaged.
15. Restricted to Two Constituencies
- A candidate would not be eligible to contest from more than two Parliamentary or assembly constituencies at a general election or at bye-elections that are held simultaneously. Similar restrictions are imposed for biennial elections and bye-elections to the Rajya Sabha and the state legislative councils.
16. Prohibition of Arms
- Entering into the neighborhood of a polling station with any kind of arms is a cognizable offense. Such an act is punishable with imprisonment up to 2 years or a fine or both. Further, the arms found in possession of the offender are to be confiscated, and the related license is to be canceled. However, 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.
17. Effective Campaigning Period Reduced
- The minimum gap between the last date for withdrawal and the polling date has been reduced from 20 to 14 days.
18. Declaration of Criminal Antecedents, Assets, etc., by Candidates
- In 2003, the Election Commission issued an order directing every candidate seeking election to Parliament or a State Legislature to furnish on his nomination paper information on the following matters:
- Whether the candidate has been convicted or acquitted or discharged in any criminal offense in the past.
- Whether he/she was imprisoned or fined.
- Prior to six months of filing nomination, whether the candidate is accused in any pending case of any offense 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.
- The assets (immovable, movable, bank balances) of a candidate and his/her spouse and that of dependents.
- Liabilities, if any, particularly whether there are any dues of any public financial institution or government dues.
- The educational qualifications of the candidate. Furnishing any false information in the affidavit is now an electoral offense punishable with imprisonment up to six months or fine or both.
Changes in Rajya Sabha Elections (2003)
- Removal of Domicile Requirement: The domicile or residency requirement for a candidate contesting a Rajya Sabha election was removed. Previously, a candidate had to be an elector in the state from where he was to be elected. Now, it is sufficient if he is an elector in any parliamentary constituency in the country.
- Introduction of Open Ballot System: Instead of a secret ballot system, an open ballot system was introduced for Rajya Sabha elections. This was done to curb cross-voting and to wipe out the role of money power. 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.
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