{"id":233,"date":"2020-04-23T10:29:46","date_gmt":"2020-04-23T10:29:46","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=233"},"modified":"2020-09-16T14:26:49","modified_gmt":"2020-09-16T14:26:49","slug":"efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/","title":{"rendered":"Efficacy of free and fair Elections in India: A Comprehensive Study"},"content":{"rendered":"\n<p><strong> Ritwik Sharma | Amity Law School, Delhi | 15th October 2019<\/strong><\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_47_1 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"ez-toc-toggle-icon-1\"><label for=\"item-6a30453a5fdd0\" aria-label=\"Table of Content\"><span style=\"display: flex;align-items: center;width: 35px;height: 30px;justify-content: center;direction:ltr;\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/label><input  type=\"checkbox\" id=\"item-6a30453a5fdd0\"><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-4'><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4'><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4'><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#_ABSTRACT\" title=\"\u00a0ABSTRACT\">\u00a0ABSTRACT<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#INTRODUCTION\" title=\"INTRODUCTION\">INTRODUCTION<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#i\" title=\"\u00a0\">\u00a0<\/a><ul class='ez-toc-list-level-4'><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4'><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4'><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#11_CONDUCT_OF_FREE_AND_FAIR_ELECTIONS_IN_INDIA\" title=\"1.1 CONDUCT OF FREE AND FAIR\nELECTIONS IN INDIA\">1.1 CONDUCT OF FREE AND FAIR\nELECTIONS IN INDIA<\/a><ul class='ez-toc-list-level-5'><li class='ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Abolition_of_Election_Tribunals\" title=\"Abolition of Election Tribunals: \">Abolition of Election Tribunals: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Decriminalisation_of_Politics\" title=\"Decriminalisation of Politics:\">Decriminalisation of Politics:<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Introduction_of_Electronic_Voting_Machines_EVM\" title=\"Introduction of Electronic Voting\nMachines (EVM): \">Introduction of Electronic Voting\nMachines (EVM): <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Use_of_Voter_Verified_Paper_Audit_Trail_VVPAT\" title=\"Use of Voter Verified Paper Audit\nTrail (VVPAT): \">Use of Voter Verified Paper Audit\nTrail (VVPAT): <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#None_of_the_Above_NOTA\" title=\"None of the Above (NOTA): \">None of the Above (NOTA): <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Establishment_of_Special_Courts\" title=\"Establishment of Special Courts: \">Establishment of Special Courts: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Curbing_Political_Funding\" title=\"Curbing Political Funding: \">Curbing Political Funding: <\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#i-2\" title=\"\u00a0\">\u00a0<\/a><ul class='ez-toc-list-level-5'><li class='ez-toc-heading-level-5'><ul class='ez-toc-list-level-5'><li class='ez-toc-heading-level-5'><ul class='ez-toc-list-level-5'><li class='ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#12_CORRUPT_PRACTICES\" title=\"1.2 CORRUPT PRACTICES\">1.2 CORRUPT PRACTICES<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Supreme_Court_and_Corrupt_Practices_under_the_RP_Act_1951\" title=\"Supreme Court and Corrupt Practices\nunder the RP Act, 1951\">Supreme Court and Corrupt Practices\nunder the RP Act, 1951<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Offering_Bribery\" title=\"Offering Bribery:\">Offering Bribery:<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Threatening_the_Election_Officers\" title=\"Threatening the Election Officers: \">Threatening the Election Officers: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Hiring_and_procuring_vehicles_to_carry_voters\" title=\"Hiring and procuring vehicles to\ncarry voters: \">Hiring and procuring vehicles to\ncarry voters: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Electioneering_on_the_basis_of_Religion\" title=\"Electioneering on the basis of\nReligion: \">Electioneering on the basis of\nReligion: <\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#CRITICISM_OF_THE_DECISION\" title=\"CRITICISM OF THE DECISION\">CRITICISM OF THE DECISION<\/a><ul class='ez-toc-list-level-5'><li class='ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Illicit_Activities_of_Unlawful_Organisations\" title=\"Illicit Activities of Unlawful\nOrganisations: \">Illicit Activities of Unlawful\nOrganisations: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Acquiring_the_support_of_Government_Officials\" title=\"Acquiring the support of Government\nOfficials: \">Acquiring the support of Government\nOfficials: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Embezzlement_of_Government_Machinery\" title=\"Embezzlement of Government\nMachinery: \">Embezzlement of Government\nMachinery: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Election_Expenditure\" title=\"Election Expenditure: \">Election Expenditure: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Rigging\" title=\"Rigging:\">Rigging:<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Publishing_erroneous_and_defamatory_statements\" title=\"Publishing erroneous and defamatory\nstatements: \">Publishing erroneous and defamatory\nstatements: <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-5'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#Undue_Influence\" title=\"Undue Influence: \">Undue Influence: <\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#13_INFRINGEMENT_OF_THE_MODEL_CODE_OF_CONDUCT\" title=\"1.3 INFRINGEMENT OF THE MODEL CODE\nOF CONDUCT\">1.3 INFRINGEMENT OF THE MODEL CODE\nOF CONDUCT<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#CONCLUSION\" title=\"CONCLUSION\">CONCLUSION<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"_ABSTRACT\"><\/span><a>\u00a0<\/a>ABSTRACT<span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>The main focus of this research is to\nunderstand the significance and efficacy of the great Indian election.\nElections form the bedrock of every electoral democracy and India is no alien\nto this practice. Elections in India are conducted with great enthusiasm since\nthe voter turnout is humungous. However, elections in India are far from being\nperfect and many electoral malpractices are committed not only by the\ncandidates but also by the voters. The government along with the Election\nCommission of India, over the years, has undertaken key initiatives to make\nsure the elections are conducted in a free and fair manner. <\/p>\n\n\n\n<p>Legislations like the Representation of\nthe People Act, 1951, Conduct of Election Rules, 1961 and the Model Code of\nConduct have ensured that electoral malpractices are curbed and the\nsignificance of the voter in an election is maintained. The Research also looks\ninto the provisions of the Representation of the People Act, 1951 and discusses\nin detail about the corrupt practices which are committed by the candidates.\nFurthermore, the efficacy and importance of the Model Code of Conduct is also\ndiscussed.<\/p>\n\n\n\n<p>Finally, the research is concluded\nunderlining the importance of having free and fair elections and certain\nmeasures which can be undertaken to make the process more robust and\ntrustworthy. <\/p>\n\n\n\n<p>Keywords: Free and Fair Elections, Corrupt\nPractices, Model Code of Conduct, Election Commission of India<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"INTRODUCTION\"><\/span><a>INTRODUCTION<\/a><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>Democratically elected nations\npostulate free and impartial elections and India being a colossal democracy\ndemands such process. The Constitution of India promises free and fair\nelections to the citizens of the country and empowers the Election Commission\nto superintend, control and direct the elections in India.<a href=\"#_ftn1\">[1]<\/a>\nPart XV of the Constitution of lays down the right to vote promised to the\ncitizens and other provisions related to elections in India. In response to\nthat, the Parliament enacted the Representation of the People Act, 1950 and the\nRepresentation of the People Act, 1951 to regulate the conduct of elections.\nIndia is the second most populated country in the world and boasts of approximately\n90 crore voters. However, Indian voters have a tendency of being swayed away or\nthreatened by the political parties into unconscious voting. The voters are either\nprovided monetary benefits or are simply cautioned. This amounts to electoral\npractice and inflicts punishment under the Representation of the People Act,\n1951 and other statutory laws. The Constitution restricts the judicial\nintervention during the course of elections but the authenticity of the\nelections may be called into question through a writ petition in the High Court\nand an appeal can be preferred in the Supreme Court.<\/p>\n\n\n\n<p>The Election Commission is authorised\nto make sure that equal opportunity is given to all the political parties and\ncandidates to contest an election. The Election Commission has formulated a set\nof rules called the Model Code of Conduct and it encompasses all the features\nof campaigning and it has to be meticulously followed by all the political\nparties. Election Commission also puts cap on the funding of elections at both\nUnion and State level.<a href=\"#_ftn2\">[2]<\/a><\/p>\n\n\n\n<p>In order to conduct transparent\nelections, the Election Commission allows the media to participate during the\nelectoral process and also permits the media representatives to cover the polling\nstations and counting centres.<\/p>\n\n\n\n<p>Furthermore, Election Commission has\nmoved over to the ballot paper which proved to be an excruciating task,\nrequired funds and there was an inherent fear of misplaced votes. The Election\nCommission has introduced the concept of electronic voting through the\nElectronic Voting Machines (EVM) and Voter Verifiable Paper Audit Trail (VVPAT)\nto conduct elections transparently. <\/p>\n\n\n\n<p>The Election Commission has also\nintroduced the option of None of the Above (NOTA) where a voter can vote for\nnone of the candidates. The concept of NOTA is quite similar to the concept of\nRight to Recall in an election where a voter declares his displeasure towards\nall the candidates in a constituency.<a href=\"#_ftn3\">[3]<\/a><\/p>\n\n\n\n<p>It is an undeniable fact that the\nprocess of elections in India is vacillating since there are more issues than\none can fathom. The Election Commission faces a huge task in eradicating such\nissues. The Election Commission faces the following problems related to\nelections:<\/p>\n\n\n\n<ul><li>Criminalisation\nof politics.<\/li><li>Corrupt\npractices related to elections like bribery<\/li><li>Undue\ninfluence like use of physical force and booth capturing.<\/li><li>Inciting\nhatred and violence amongst people of different communities.<\/li><li>Influencing\npublic officials.<\/li><li>Defection\npolitics.<\/li><li>Unlawful\nactivities of unlawful organisations.<\/li><li>Demanding\nvotes on the basis of religion and caste.<\/li><li>Expenditure\non campaigning exceeding the permissible limit.<\/li><li>Publication\nof false statements by the candidates.<\/li><li>Misuse\nof Election Machinery.<\/li><li>Hiring\nor procuring any vehicle or vessel by the candidate.<\/li><\/ul>\n\n\n\n<p>There is no doubt that the task faced\nby the Election Commission is a monumental one when it comes to conducting\nindependent and unprejudiced elections in a country like India. The Commission\nhas been successful to an extent in curbing many issues but there are many\nproblems lingering over the electoral politics which could turn out to be\ndevastating for the future of Indian democracy.<\/p>\n\n\n\n<h1 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"i\"><\/span>\u00a0<span class=\"ez-toc-section-end\"><\/span><\/h1>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"11_CONDUCT_OF_FREE_AND_FAIR_ELECTIONS_IN_INDIA\"><\/span><a>1.1 CONDUCT OF FREE AND FAIR\nELECTIONS IN INDIA<\/a><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>Every society develops and matures over\na period of time and so has ours. In this case, the Election Commission of\nIndia has evolved not only as an institution of impeccable credibility but also\nas a gold standard throughout the world to conduct elections. In its long and\narduous journey, it has been ably guided by the Supreme Court through\nsignificant judgments and the Law Commission through its numerous reports. It\nhas allowed the Election Commission to work more independently and bring\nnumerous changes to the electoral system through various measures.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Abolition_of_Election_Tribunals\"><\/span><a>Abolition of Election Tribunals:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>Prior to the year 1966, the Representation\nof the People Act, 1951 provided for Election Tribunal to adjudicate matters\nrelated to elections in India. A three tier structure emerged to decide\nelection petitions which were to be initially decided by the Tribunal, which\nwould then go to the respective High Court and ultimately decided by the\nSupreme Court of India. However, this modality of dispute settlement consumed\ntime to effectively adjudicate election disputes. The Election Commission in\none of its report recommended abolishing Election Tribunals and allowing High\nCourt to handle election disputes. The Government of India after accepting the\nrecommendations made the Election Commission in its Report of the Third General\nElections in India in 1962 moved the Constitution (Nineteenth Amendment) Act,\n1966. This amendment abolished Election Tribunals and accordingly the\njurisdiction to hear election disputes was conferred to the High Court. This\nwas facilitated by adding Section 80A to the Representation of the People Act,\n1951. This enabled a smooth conduct of election process without disruption\ncaused by filing of frivolous cases.<a href=\"#_ftn4\">[4]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Decriminalisation_of_Politics\"><\/span><a>Decriminalisation of Politics:<\/a><span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p><strong>\u00a0<\/strong>Decriminalisation of politics means prevention of people\nhaving a criminal background or those involved in criminal offences to enter\ninto political arena. Section 8 of the Representation of the People Act, 1951\nprovides for disqualifications to stand for election in case of conviction on\ncertain grounds. Thus, to prevent criminalisation of politics, it was necessary\nto know about such people involved in criminal cases so as to prevent them from\nentering the political frame.<a href=\"#_ftn5\">[5]<\/a>\nAccordingly, the Supreme Court of India in the year 2002 in a landmark judgment\nin the case of <strong><em>Union of India v. Association for Democratic Reforms<a href=\"#_ftn6\"><strong>[6]<\/strong><\/a><\/em><\/strong>\ndirected the Election Commission to call for information on affidavit under\nArticle 324 of the Indian Constitution on criminal background including\nprevious conviction, acquittal or discharge along with fine; declaration of\nassets of the candidate and his\/her spouse along with number of dependants;\nliabilities including debts owed to any financial institution or otherwise; and\neducational qualification of the candidate. This historic judgment increased\nawareness among voters about the potential candidates from their respective\nconstituencies. Again in the year 2005, the Supreme Court in <strong><em>Ramesh\nDalal v. Union of India<a href=\"#_ftn7\"><strong>[7]<\/strong><\/a> <\/em><\/strong>declared\nthat a sitting Member of Parliament (MP) or Member of State Legislative\nAssembly (MLA) shall also be subject to disqualification from contesting\nelections if he is convicted and sentenced to not less than 2 years of\nimprisonment by court of law. These judgments effectively disallowed people\nhaving criminal background to enter political field. <\/p>\n\n\n\n<p>The Supreme Court in the case of <strong>Public Interest Foundation and Ors. v.\nUnion of India and Another<\/strong>requested\nthe Law Commission to expedite recommendation on the following issues:<\/p>\n\n\n\n<ul><li>Whether\ndisqualification should be triggered upon conviction or upon framing of charges\nby the court or upon the presentation of the report by the investigating\nofficer.<\/li><li>Whether\nfiling of false affidavits under Section 125A of the Representation of the\nPeople Act, 1951 should be a ground for disqualification. <\/li><\/ul>\n\n\n\n<p>Law Commission of India in its 244<sup>th<\/sup>\nReport did not favour electoral disqualification at the stage of filing of the\npolice report simply because of lack of sufficient application of judicial mind\nat this stage as it can be easily misused against rival political parties.\nHowever, the Law Commission did favour electoral disqualification at the stage\nof framing of charges with adequate legal security. Thus, even Law Commission\nin its report has suggested measures to curb criminalisation of politics which\nwill further help in cleaning our electoral process.<a href=\"#_ftn8\">[8]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Introduction_of_Electronic_Voting_Machines_EVM\"><\/span><a>Introduction of Electronic Voting\nMachines (EVM):<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>In India, Electronic voting Machines\n(EVM) were introduced to be used on an experimental basis for the first time in\nsixteen selected Assembly Constituencies in the States of Madhya Pradesh,\nRajasthan and NCT of Delhi in their respective Legislative Assemblies held in\nNovember, 1998. The use of EVM was further expanded to 46 Parliamentary\nConstituencies in 1999 Lok Sabha elections. EVMs were then used in four\nconsecutive elections of Lok Sabha conducted in 2004, 2009, 2014 and 2019. Use\nof EVM in the electoral process led to a more transparent process of conduct of\nelections. It saved government`s expenditure from printing papers used in the\nearlier process for conduct of elections. Use of EVM also saved time and relentless\npainstaking human effort in counting votes. Thus, electronic counting of votes\nhas reduced the number of invalid votes due to human negligence or malpractice.\nEVMs thus reflect the choice of the voters more transparently and have\neffectively ensured a cleaner and more transparent process of counting of\nvotes.<a href=\"#_ftn9\">[9]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Use_of_Voter_Verified_Paper_Audit_Trail_VVPAT\"><\/span><a>Use of Voter Verified Paper Audit\nTrail (VVPAT):<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>VVPAT is a method to know with\ncertainty that the vote casted has gone to the desired candidate. Under VVPAT,\na printer like apparatus is linked to Electronic Voting Machine (EVM). When a\nvote is cast, a receipt is generated showing the serial number, name and symbol\nof the candidate for whom the vote was casted. It confirms the vote and the\nvoter can verify the details. In a Public Interest Litigation (PIL) in the year\n2013, the Supreme Court of India directed the Election Commission to introduce\nVVPAT in a phased manner, thus, accordingly ECI started using VVPAT at selected\nconstituencies for elections to State Assemblies and also in the General\nElections in 2014. However, in the recent Court directive, VVPAT was used in\nthe entire constituency of Gujarat. Election Commission has also confirmed that\nVVPAT shall be used in all the parliamentary constituencies for the conduct of\nelections to Lok Sabha in 2019.<a href=\"#_ftn10\">[10]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"None_of_the_Above_NOTA\"><\/span><a>None of the Above (NOTA):<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>Supreme Court in the case of <strong><em>People`s\nUnion for Civil Liberties v. Union of India<a href=\"#_ftn11\"><strong>[11]<\/strong><\/a> <\/em><\/strong>in\n2013 had allowed the use of None of the Above (NOTA) option for the 2014 Lok\nSabha elections. Election Commission in its notification dated 24<sup>th<\/sup>\nJanuary, 2014 had made the use of NOTA mandatory for elections to Rajya Sabha.\nThus, the use of NOTA in any constituency reflects the desires and choices of\nvoters that they were dissatisfied with the candidates fielded by the political\nparties. As of now, the votes casted for NOTA do not have electoral\nsignificance. However, votes casted for NOTA do not amount to Right to reject.\nLaw Commission in its 225<sup>th<\/sup> Report has rejected the concept of\nextending NOTA to Right to reject and has recommended introducing the concept\nof Right to reject at a future date. Thus, the use of NOTA is another evolution\nin the electoral process as it allows voters the right to protest even though\nwithout having any electoral significance.<a href=\"#_ftn12\">[12]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Establishment_of_Special_Courts\"><\/span><a>Establishment of Special Courts:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>The Supreme Court in 2016 had asked the\nCentral Government to frame a central scheme for setting up Special Courts on\nthe line of fast track courts exclusively to expedite the trial of people from\npolitical background involved in criminal cases within a year. Politicians when\ninvolved in a criminal case use their political influence and power to affect\nthe proceedings of law by creating impediments at different process of\ninvestigation. This affects the continuous trial due to such disruption. Thus,\nthe whole idea is to remove the political or bureaucratic influence exerted\nduring investigation while the case is being pursued in a Court of Law. The Law\nCommission in its 244<sup>th<\/sup> Report has mentioned about the National\nCommission to Review of Working of the Constitution (2002) where it had\nrecommended setting up of Special Court at the level of High Courts to interpret\nthe legality of charges framed against potential candidates and adjudicate the\ncases in a limited time frame. The Central Government has accordingly proposed\nto set up twelve special courts to dispose of cases pending against Member of\nParliament and State Legislative Assemblies within a year. This will not only\ncomplete the ongoing cases within a scheduled timeframe but will effectively\neither convict or acquit such persons involved in criminal cases.<a href=\"#_ftn13\">[13]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Curbing_Political_Funding\"><\/span><a>Curbing Political Funding:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>In an effort to make the process of\nelectoral funding more transparent, Finance Act of 2017 had introduced the use\nof electoral bonds, which is exempt from disclosure under the Representation of\nthe People Act, 1951. Political parties will be entitled to receive donations\nby cheque or digital mode from their donors. This will effectively stop\ndisbursement of cash to political parties by companies or other organisations.\nFinance Act of 2017 amended Reserve Bank of India Act, 1934 to enable the\nissuance of `Electoral Bonds` which a donor can buy from authorised banks\nagainst cheque or digital payments only. Such bonds shall be redeemable only in\nthe designated account of a registered political party. Finance Act, 2017\nfurther amended the Companies Act, 2013 and relaxed funding norms for\ncorporate. The amendment has abolished the previous limit on donation which\nprohibited companies from donating more than 7.5% of their average net profit\nto a political party. The companies are also no longer needed to disclose the\nname of the party to which the donation has been made. Finance Act, 2016 had\namended the Foreign Contribution Regulation Act (FCRA), 2010 to permit foreign\ncompanies and subsidiaries in India to fund political parties in India. Thus,\nthe government in a way has tried to regulate political funding through the\nintroduction of electoral bonds.<a href=\"#_ftn14\">[14]<\/a><\/p>\n\n\n\n<p><br>\nThe success of any democratic country lies in the success of the development\nand evolution of its institutions and organisations and their adherence to the\nprinciple of rule of law. India since Independence has not only evolved but\nalso matured as a civilised democracy and is reflected through the growth of\nits institutions and their respect for the rule of law. Election Commission as\nan institution to conduct election has also evolved and so have the laws\ngoverning elections in India. The changing law with respect to conduct of fair\nand transparent elections is a signal of a thriving and dynamic society which\nis ready to change for the betterment of its people.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"i-2\"><\/span>\u00a0<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"12_CORRUPT_PRACTICES\"><\/span><a>1.2 CORRUPT PRACTICES<\/a><span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>Independent and impartial elections\nform the fulcrum of a democracy and any tangential intervention, be it\ngovernmental or non-governmental, vitiates the electoral process. This\nintervention can be in the form of cheating, bribing, disturbing the government\nmachinery etc. An election is likely to be challenged to the grounds that it\u2019s\neither influenced through corrupt practices or when a member is disqualified\nand such questions are raised by either the defeated candidate or any of the\nelectors before the court of law as it is against the Constitutional mandate.<a href=\"#_ftn15\">[15]<\/a><\/p>\n\n\n\n<p>A reliable electoral system integrated\nwith an unbiased electoral machinery forms a pertinent feature of a free and\nfair elections in a democracy. It is important to note that contesting candidates\nand do their party workers do not commit electoral malpractices to swing the\nresults into their favour.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Supreme_Court_and_Corrupt_Practices_under_the_RP_Act_1951\"><\/span><a>Supreme Court and Corrupt Practices\nunder the RP Act, 1951<\/a><span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>The Supreme Court while adjudicating\ncases under the Representation of the Peoples Act asserted that all the eight\npractices described in the act<a href=\"#_ftn16\">[16]<\/a>\nfall under the following categories<\/p>\n\n\n\n<ul><li>Practices which are committed using\nphysical force or abuse of political power like bribery, undue influence, booth\ncapturing, violence, threatening.<\/li><li>Practice which are committed through\nthe use of money like bribery, spending beyond permissible limit and movement\nof voters.<\/li><li>Practices which are committed through\nfake propaganda like false accusations, making defamatory remarks, fuelling\ndetestation and violence between the members of two communities and demanding\nvotes on the basis of religion.<\/li><\/ul>\n\n\n\n<p>The cases adjudicated by the Supreme\nCourt are mainly on the following matters:<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Offering_Bribery\"><\/span><a>Offering Bribery:<\/a><span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p><strong>\u00a0<\/strong>Since election is an exorbitant affair\nin India and candidates splash a lot of money in order to win a election and in\ndoing so they offer money to voters and request them to vote in their favour.\nOccasions are in abundance when it comes to candidates buying votes from poor\npeople since India is a poverty stricken nation. The Supreme Court held in the\ncase of <strong><em>Om Prakash v. Lal Chand<a href=\"#_ftn17\"><strong>[17]<\/strong><\/a> <\/em><\/strong>that\nthere are various grounds on which a charge of bribe comes under the purview of\ncorrupt practice and these grounds are:<\/p>\n\n\n\n<ul><li>The bribe must be given by the\ncandidate or his agent or any other person on his behalf.<\/li><li>The bribe must be offered with the\nconsent of the candidate or his agent.<\/li><li>That the bribe is offered with the\nobjective of influencing the voters or sways a candidate to participate or not\nparticipate in the election.<\/li><\/ul>\n\n\n\n<p>In\nthe abovementioned case the Supreme Court held that giving bribe to the voters\ncomes under the scope of these ingredients. Similarly, in the case of <strong><em>Raman\nBhai v. Jaswant Singh<a href=\"#_ftn18\"><strong>[18]<\/strong><\/a><\/em><\/strong>,\nthe Supreme Court quashed the election when the accused was found guilty of\nbribing the polling officer under the Representation of the People Act, 1951.<br>\n<br>\n<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Threatening_the_Election_Officers\"><\/span><a>Threatening the Election Officers:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>Security is highly important during the\nprocess of elections as masses arrive to cast their vote at the polling\nstations. Election Officers are empowered to superintend the elections at the\npolling stations and a threat to such officers is considered a threat to the\nprocess of free and fair elections. A lot of such incidents related to threatening\nof Election Officers have been witnessed over the years particularly in states\nlike Uttar Pradesh, Bihar and the Naxal prone areas.\u00a0 It is pertinent to note that alarming the\nElection Officers amounts to corrupt practice and is punishable under the Representation\nof the People Act, 1951. The Supreme Court in the case of <strong><em>Har Swaroop v. Brij Bhushan<a href=\"#_ftn19\"><strong>[19]<\/strong><\/a><\/em><\/strong>\nheld that threatening of Poll Officers invites punishment under Section 123 of\nthe RPA, 1951. In the abovementioned case, the accused threatened the Election\nOfficers and his election was quashed under the RPA Act, 1951. This Supreme\nCourt judgment ensures greater security of the Election Officers posted at the\npolling stations.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Hiring_and_procuring_vehicles_to_carry_voters\"><\/span><a>Hiring and procuring vehicles to\ncarry voters:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>During elections in India, vehicles are\nprovided by the candidates to the voters, predominantly in village areas, to\narrive at the polling booth and cast their vote. This incentive is provided by\nthe candidate in order to earn the voter`s trust. The RP Act, 1951 prohibits\nthe transportation of voters by the candidates to the polling booths and\nfurther Sections 123(5) and 83 of the same act terms it a corrupt practice and\nit is punishable by the law. The question involved in the case of <strong><em>R.M.\nSeshadri v. G.V. Pai<a href=\"#_ftn20\"><strong>[20]<\/strong><\/a><\/em><\/strong>\nwas whether the respondent is liable under the RP Act, 1951 for carrying voters\nin a motor vehicle? The Supreme Court held that carrying voters to polling\nstations and requesting votes from them amounts to corrupt practice under this\nact and invites punishment. Subsequently, the Court quashed the election of the\nrespondent. <\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Electioneering_on_the_basis_of_Religion\"><\/span><a>Electioneering on the basis of\nReligion:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>There is a famous proverb in the Indian\npolitics that, &#8220;in India you don\u2019t cast your vote, you vote your caste&#8220;.\nReligion and caste are deeply engraved in the conscience of the Indian masses\nand the politicians do not miss any opportunity to sway the voters using such\ntricks. People in India are usually biased towards their religion or caste and\nchoose to vote candidates belonging from their caste without giving any thought\nto the merit of the candidate. On the other hand, politicians do not leave any\nstone unturned in order to garner votes from the people. Over the years,\nrequesting votes on the basis of religion has become frequent and it has become\na headache for the Election Commission to counter this. Representatives elected\non merit instead of religion or caste is significant for a democracy and poses\na warning to the secular structure of our nation. Canvassing on the basis of\nreligion is prohibited under the Representation of the People Act, 1951. In the\ncase of <strong><em>Mohammad Koya v. Muthu Koya<a href=\"#_ftn21\"><strong>[21]<\/strong><\/a><\/em><\/strong>\nthe Supreme Court held that mockery of any religion through publication which\nmay hurt the sentiments of any religion is prohibited and amounts to corrupt\npractice. It is notable in this context that communal politics leads to\ncommunal violence.<\/p>\n\n\n\n<p>In the above context, it is important\nto know the stance of the Supreme Court in the case of <strong><em>Manohar Joshi v. Nitin Bhaurao\nPatil<a href=\"#_ftn22\"><strong>[22]<\/strong><\/a><\/em><\/strong>and\nthe points forwarded in this case:<\/p>\n\n\n\n<ul><li>Whether speeches made by the leaders of\nthe political parties i.e persons other than the candidate or his agent with\nthe required consent of such candidate amount to corrupt practices<\/li><li>Whether the concept of `Hindutva` is\nsimilar to Hinduism.<\/li><li>Whether the election of Manohar Joshi\nis void as per the provisions of the RP Act, 1951 and invites punishment under\nthe same on the grounds of propagating Hindutva ideology during the\nelectioneering. The Bombay High Court declared his election void under Section\n100 9(1) 9(b) of the RP Act, 1951. The Court noted that the speeches made\nduring the election campaign amount to corrupt practices under the act. <\/li><\/ul>\n\n\n\n<p>After the case was appealed to the\nSupreme Court, a contrary view on the concept of Hindutva was taken by the\nSupreme Court.<\/p>\n\n\n\n<p>According to the Supreme Court, no\ncorrupt practice was perpetrated by the candidate or his designated agent and\nevery corrupt practice is committed on the basis of the speeches on the grounds\nof religion without the required consent of the candidate. The Court also\nendorsed that if a corrupt practice is committed by any other person apart from\nthe candidate or his agent without the consent and thus materially affecting\nthe election. The Court also discerned that the candidate would not get the\nconvenience of the corrupt practice committed in his interests by any one of\nthe outcome of the election is show to be markedly overblown. The Court,\nobserving the usage of the plank of Hindutva during the elections by the\ncandidate, held that it had already deliberated the matter connected to this\nissue in the case of <strong><em>Bal Thackeray v. Prabhakar K. Kunte<a href=\"#_ftn23\"><strong>[23]<\/strong><\/a><\/em>\n<\/strong>and the word `Hindutva` invariably does not mean Hindu religion and it is\nthe manner of its use which is important for adjudicating the meaning of the\nterm.<a href=\"#_ftn24\">[24]<\/a>\nThe Court in the Bal Thackeray case held that the so-called plank of the\npolitical party may at best be germane for admiration of the context in which\nthe speech was made by the leader of the political party during the\nelectioneering, but no more for the intention of asserting corrupt practice\nagainst a candidate. It is undoubtedly demonstrating the view of the Supreme\nCourt that usage of the world `Hindutva` during canvassing does not attract\npunishment under the provisions of Representation of the People Act, 1951. <\/p>\n\n\n\n<p>The Supreme Court in this case declared\nthat the Bombay High Court was unsuccessful in valuing the asseveration of the\npetitioner that the only allegation of corrupt practice in this election which\nraised the issue is as mentioned above and rest of the general averments\nlacking in the key parts of the corrupt practice did not constitute the full\ncause of action. And in the opinion of the court, it is the fallacious\ninterpretation of the High Court which has resulted in the severe committed\nduring the trial of the case.<\/p>\n\n\n\n<p>The Court also held that no notice was\nforwarded to Bal Thackeray or Pramod Mahajan or any other persons against whom\nallegations were made of committing corrupt practices, even though the High\nCourt has declared those corrupt practices to be proved for the purpose of\ndeciding the appellant`s election to be void on the ground mentioned under\nSection 100 (1) (b) of the Representation of the People Act, 1951. The Supreme\nCourt divulged the consequences of the combined reading of Sections 98 and 99\nof the same Act and the requirement of the notice under Section 99 to all such\npersons before decision of the election petition by making an order under\nSection 99 of the Act. The Court further established that the combined effect\nof deciphering Section 98 and 99 of the Act demonstrates the inference made by\nand this is also substantiated by the by the likely result of a different\ninterpretation which is a ludicrous and must be rejected. According to the\nSupreme Court, the Bombay High Court ignored the obvious position in law taking\na distinct view. No notice under 99 of the Act was given by the High Court\nbefore making the final order under Section 98 of the RP Act, 1951 announcing\nthe election of the petitioner to be void, as a serious flaw.\u00a0 <\/p>\n\n\n\n<p>As a consequence of the abovementioned\nfindings, the Supreme Court noticed that the finding recorded by the Bombay\nHigh Court against the appellant that the charge or corrupt practice under\nSection 123 (3) and (3-A) of the Representation of the Peoples Act, 1951 has\nbeen proved to quash the election on the ground contained in Section 100 (1)\n(b) of the Act is antithetical to law and therefore, set aside the verdict of\nthe High Court and subsequently upheld the election of the petitioner.<a href=\"#_ftn25\">[25]<\/a><\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"CRITICISM_OF_THE_DECISION\"><\/span><a>CRITICISM OF THE DECISION<\/a><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>The decision of the Supreme Court met\nwith vehement condemnation by the public at large solely on the scrutiny of the\nCourt that the concept of `Hindutva` cannot be equated with the concept of\nHindu religion and electioneering using the plank of Hindutva is not a corrupt\npractice under Representation of the People Act, 1951.<\/p>\n\n\n\n<p>Numerous questions have been raised by\nthe Supreme Court in this case. The Court recorded the allegation that the\npetitioner himself said in an election meeting on 24<sup>th<\/sup> February,\n1990 that &#8220;the first Hindu state will be established in Maharashtra&#8220;. But the\nCourt interpreted that it`s not an appeal but a mere expression by the\npetitioner. <\/p>\n\n\n\n<p>The Court did not quiet meet its point\nin the judgment, instead it shifted the discourse to Section 100 (i) (d) (ii)\nof the Representation of the People Act, 1951. This is an additional ground on\nwhich an election can be quashed by the Court and requires the election\npetitioner to establish that the election has been materially affected by\ncorrupt practice. \u00a0<\/p>\n\n\n\n<p>The judgment created confusion amongst\nthe scholars on the concept of secularism, pluralism and humanism. The Supreme\nCourt`s verdict can be seen from different perspectives. It can be seen as a\nwarning to the concept of Hindu Rashtra. However, this judgment may be seen as\nan anomaly instead of a representation of a trend. It can be considered a\ncoherent swing. Sometimes in their judgments the Courts tend to rove in the\nfields of Sociology, Philosophy etc. The Supreme Court Judges are people of\nvast knowledge and integrity. <\/p>\n\n\n\n<p>In this case, it did not seem requisite\nfor the Court to elucidate the concept of Hinduism. If the Court wished to\nenter into the discussion of the implication of the concept of Hindutva it\nwould have required a plethora of intellect and patience which was not\ncorroborated in the Court`s judgment. The Hindutva judgments show an increasing\naptness towards the B.J.P. \u2013 R.S.S. paradigm. It is a huge warning to the\nsecular and pluralistic framework of the country.<a href=\"#_ftn26\">[26]<\/a><\/p>\n\n\n\n<p>In the above context, few excerpts from\nthe case of <strong><em>Dr. Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte<a href=\"#_ftn27\"><strong>[27]<\/strong><\/a><\/em><\/strong>\nneed to be examined:<\/p>\n\n\n\n<p><em>&#8220;Ordinarily,\nthe concept of Hindutva is understood to be a way of life or a state of mind\nand must not be equated with the Hindu religion.&#8220;<\/em><\/p>\n\n\n\n<p>This statement seems to be correct. But\nthe Court says considering the term `Hindutva or `Hinduism` per se as\nillustrating hostility or hatred amongst other religious faith and therefore,\nthis approach of the Court seems contrary to the secular structure and the basic\nprinciple of the Indian Constitution. <\/p>\n\n\n\n<p>Furthermore, the Court has held that\nthe dictions recited by Bal Thackeray which were brought on record amounted to\nan appeal to voters on the grounds of religion and one of the speeches recited\nby him also led to a feeling of hatred between Hindus and Muslims. Was it\nobligatory for them to make general statements on Hinduism and give\nrespectability to Hindutva by connoting it with Hinduism?<\/p>\n\n\n\n<p>The Court`s judgment reflects on a\ngeneral scepticism on issues involving secularism, communalism and appeal to\nreligion. This hesitation originates from; not differentiating between the\nessence of norms they may apply to:<\/p>\n\n\n\n<ul><li>Individuals in their private life.<\/li><li>Civil society in its entirety.<\/li><li>The State, including individuals. <\/li><\/ul>\n\n\n\n<p>The judgments of Supreme Court on\nreligious affairs and secularism have been a subject of heated debate. In <strong><em>S.R.\nBommai v. Union of India<a href=\"#_ftn28\"><strong>[28]<\/strong><\/a><\/em>,\n<\/strong>the Supreme Court took a robust stand on the secular structure of the\nConstitution, when it comes to a wider application of which a strong position\nof matters with religiously schismatic nuances the court`s record is in\nconsistent. Before the demolition of the Babri Masjid in 1992, the Court\nallowed the Karseva to be conducted there presuming the permission had to be\ngranted it seems the conditions imposed upon the B.J.P. government in U.P.,\nwere inadequate and should have been augmented, preferably from the central\ngovernment which would have protected its allegiance and entanglement. This is\nopen to the charge that is criticism by understanding. There is need to admire\nthat the norms are expected to be applied in the case of individuals and their\npublic role as the aspirants for entry into Constitutional institutions have\nbeen increased by the elections laws to a level similar to the rules expected\nfrom the state itself. <\/p>\n\n\n\n<p>In a recent judgment in the case of <strong><em>Abhiram\nSingh v. C.D. Commachen<a href=\"#_ftn29\"><strong>[29]<\/strong><\/a>, <\/em><\/strong>a\nseven Judge bench of the Supreme Court held that the concept of religion is a\nrelationship between god and man. The Supreme Court did not divulge into its\nprevious judgment in the Manohar Joshi case where a three judge bench held that\nHindutva and Hinduism are distinct concepts. In the current judgment, the\nSupreme Court elaborated that electioneering on the basis of religion is a\ncorrupt practice under Section 123(3) of the Representation of the People Act.\nThe Court said that, <em>&#8220;Election is a\nsecular practice and therefore a process should be adopted. The relationship\nbetween man and god is personal choice and state should be aware of it.&#8220;<a href=\"#_ftn30\"><strong>[30]<\/strong><\/a><\/em><\/p>\n\n\n\n<p>This judgment prohibits any candidate\nor his agent to propagate his religion during the election campaign and the\nsame would attract punishment under the RP Act, 1951. <\/p>\n\n\n\n<p>The Court stated that the key aim of\nSection 123(3) of the RP Act, 1951 is to curb communal and separatists\ntendencies in the nation. It was also noted that canvassing on the basis of the\nreligion is disservice to the voters and against the public interest.<br>\n<br>\n<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Illicit_Activities_of_Unlawful_Organisations\"><\/span><a>Illicit Activities of Unlawful\nOrganisations:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>In the case of <strong><em>Jamaat-e-Islamia Hind v. Union of\nIndia<a href=\"#_ftn31\"><strong>[31]<\/strong><\/a> <\/em><\/strong>the\nCourt studied the provisions of the Unlawful Activities (Prevention) Act, 1967\nto decide whether an organisation is lawful or not. The Government formulated a\nnotice on December 10, 1992 under Sections 2 and 3 of the Unlawful Activities\n(Prevention) Act, 1967 pronouncing that the Jamaat-e-Islamia , the appellant\nassociation is an unlawful organisation as per facts of the case. A Reference\nwas made by the Central Government to the Tribunal for adjudication under\nSection 4 of UAPA, 1967. In the inquiry before the Tribunal, the only evidence\nproduced by the Central Government on the basis of some intelligence reports\nand affidavits of the Central Government. The Tribunal came to a decision and\nissued an order bestowing the notification promulgated by the Central\nGovernment under Section 3 of the Act against Jamaat-e-Islamia Hind as an\nunlawful organisation.<\/p>\n\n\n\n<p>On appeal the appellant asserted that\nbefore issuing the notification designating that their association is an\nunlawful association the Central Government did not adhere to any principles of\nnatural justice, to the requirements of, to safeguard public interest ensuring\nthe rights and freedoms pledged under the Indian Constitution. The Supreme\nCourt held that non-disclosure of information or any notice to the appellant by\nthe respondent is clear violation of principles of natural justice which are to\nbe followed while issuing a notice. The Court in this case went through clauses\n(f) and (g) of Section 2 of the UAPA, 1967 and made it clear that the\ndivination of the question whether by the association is, or has become an\nunlawful association to justify a declaration under Section 3(1) should be that\nnay action taken by such association establishes an unlawful activity which is\nan object of the association and the object is any activity punishable under\nthe Indian Penal Code, 1860<a href=\"#_ftn32\">[32]<\/a>.\nThe Court declared that the allegations made by the Government towards the\nassociation were completely false. In the view of the declaration the\nconstitutionality of the said notification was declared void and the order of\nthe Tribunal was rescinded.<a href=\"#_ftn33\">[33]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Acquiring_the_support_of_Government_Officials\"><\/span><a>Acquiring the support of Government\nOfficials:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>The Supreme Court in the case of <strong><em>Dhartipakar\nv. Rajiv Gandhi<a href=\"#_ftn34\"><strong>[34]<\/strong><\/a><\/em>\n<\/strong>explained whether obtaining the assistance of any government servant during\nthe election process amounts to corrupt practice under the Representation of\nthe People Act, 1951. The Court held that, in order to constitute a corrupt\npractice under Section 123 (7) of the RP Act 1951, the petition should\ndetermine the measure of assistance, mode of assistance and all the other\nfacts, to establish the charge of corrupt practice of using the services and\nliaisoning of the government officials and the petition must state the precise\ntime of assistance, service, manner of assistance and the persons from whom the\nassistance was procured by the candidate. The same was held in the case of <strong><em>Haridwarlilal\nv. Kanwal Singh<a href=\"#_ftn35\"><strong>[35]<\/strong><\/a><\/em><\/strong>.\nIn the Rajiv Gandhi case, the appellant was unable to prove the allegations. As\na result, the Court acquitted Rajiv Gandhi in this case and upheld his\nelection.<\/p>\n\n\n\n<p>The Supreme Court has made it crystal\nclear that whenever there is an allegation of corrupt practice, the petition\nshall state all the details and a concise statement of all the material facts\nof the case and also set forth all the particulars of the corrupt practices\nalleged by the petitioner. In the case of <strong><em>U.S. Sasidharan v. K. Karunakaran<a href=\"#_ftn36\"><strong>[36]<\/strong><\/a><\/em><\/strong>,\nthe appellant filed an election petition questioning the election of the\nrespondent of the grounds of corrupt practices. One of them is that at the\nprompting of the first respondent a video cassette showing the development of\nthe constituency in which two government servants had spoken. The first\nrespondent opposed that election petition stating that a copy of the video\ncassette was not given to him as well as a copy of the election petition and\nhence the petition must stand dismissed under Section 86(1) for non-compliance\nwith Section 81 (3) of the Representation of the People Act, 1951. The High\nCourt accepted the contentions of the respondent and dismissed the election\npetition. <\/p>\n\n\n\n<p><br>\nOn Appeal to the Supreme Court, the Court referred the case of <strong><em>Satyanarayana\nv. Dhuja Ram<a href=\"#_ftn37\"><strong>[37]<\/strong><\/a><\/em><\/strong>where\nright to challenge was conferred on the Act. At the same time, the procedure\nendorsed by the act for summoning the election petition must be followed. The\nplea of the respondent that the concerned case and the Supreme Court maintained\nthat the allegation of the petitioner was not substantial and the Supreme Court\ndeclared that the speeches of the two government servants related to the\nprogress in the constituency will not constitute corrupt practice within the\nmeaning of Section 123 (7) of the Representation of the People Act, 1951. The\nCourt also reiterated that to attract punishment under Section 123 (7) of the\nRP Act, 1951, the recitals of the government servants as recorded and alleged\nto be used in the constituency at the prompting of the respondent, must be with\na view to obtaining, abetting or attempting to the assistance of the government\nofficials during the election process for the furtherance of the outlook of the\nrespondent. As a result, the Supreme Court confirmed the judgment of the High\nCourt dismissing the election petition of the appellant.<a href=\"#_ftn38\">[38]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Embezzlement_of_Government_Machinery\"><\/span><a>Embezzlement of Government\nMachinery:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>It is usually alleged that the\ngovernment in power misuse the government machinery to tilt the electoral process\nin their favour in order to win the elections in a constituency. The\nembezzlement of the government machinery can be in different forms and includes\nadvertisements out of the government funds, using government vehicles for\nelection purposes, showcasing their accomplishments using government funds and\nexpenditure for personal use of the ministers. Such embezzlement gives unjust\nedge to the party in power at the time of elections. The seriousness to the\nmisappropriation of public funds to increasing the chances of the candidates of\na particular party. Some of the illustrations of embezzlement of the government\nmachinery and power which were either perturbed in Courts or have come in far\ndetrimental judicial notice are provided as follows:<\/p>\n\n\n\n<ul><li>Programme for public welfare being\nlaunched just before the elections.<\/li><li>Expenditure incurred by the Ministers\nout of the discretionary funds at their disposal on the eve of elections.<a href=\"#_ftn39\">[39]<\/a><\/li><li>Formation of platforms and provision of\nother benefits at government expense.<a href=\"#_ftn40\">[40]<\/a><\/li><li>Use of translation attached to DAVP and\nAIR for getting election manifesto printed and for obtaining election posters\nfor rallies.<\/li><\/ul>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Election_Expenditure\"><\/span><a>Election Expenditure:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>The funds incurred by the candidates\nduring the electoral process are scrupulously systemized and audited by the\nspecial observers appoint by the Election Commission. The Election Commission\nhas made it mandatory that each and every candidate must submit their returns\nto special audit party appointed by the Election Commission to circumvent money\npower in the elections. In order to prove corrupt practice the petitioner must\nnot only prove that the expenditure has been incurred in excess to the\nprescribed limit set by the Election Commission but he must also prove that\nsuch expenditure has incurred with the consent of the candidate or his agent.<\/p>\n\n\n\n<p>In all the democratic nations, the\nelection expenditure is regulated by statutory laws of that country. Usually a\nlimit is fixed beyond which expenses cannot be incurred. The limit is fixed to\nbridge the gap between the rich and the poor parties contesting elections. In\nIndia, every candidate must file a return of his accounts and expenses just\nafter the announcement of the result of the election.<\/p>\n\n\n\n<p>Allegations of corrupt practice were\nmade by the respondent in the case of <strong><em>Indira Gandhi v. Raj Narain<a href=\"#_ftn41\"><strong>[41]<\/strong><\/a>. <\/em><\/strong>Justice\nBeg pointed out that there was no evidence that the party was the agent of the\ncandidate or acting as a medium through which any money was spent by her.<\/p>\n\n\n\n<p>In the case of <strong><em>M. Karunanidhi v. Dr. H.V. Hande<a href=\"#_ftn42\"><strong>[42]<\/strong><\/a> <\/em><\/strong>the\nSupreme Court admitted the plea of the petitioner on the charges of corrupt\npractices under Section 123 (6) of the Representation of the People Act, 1951\nthat the respondent Dr. Hande placed fancy banners throughout the constituency\nand the number of such banners was around 50. Along with the petition a photo\nof the banner was affixed by the petitioner. The expenditure of placing those\nbanners was Rs. 50,000. It was submitted that the respondent had incurred the\nexpenditure which was added to the amount disclosed in the returns filed by the\nrespondent exceeded the prescribed limit set under Section 77 (3) of the Representation\nof the People Act, 1951. The Court in this case declared that it amounted to\ncorrupt practice under the charges of excessive expenditure under Section 123\n(6) of the RP Act, 1951 and quashed the election of Dr. Hande.<a href=\"#_ftn43\">[43]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Rigging\"><\/span><a>Rigging:<\/a><span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p><strong>\u00a0<\/strong>Booth capturing and Election Rigging are often used\ninterchangeably. The literal meaning of the word `rig` is to improvise or\nmanipulate in a fraudulent manner. But in the context of Indian Election,\naccording former CEC S.P. Sen Kumar, rigging refers to:<\/p>\n\n\n\n<p><strong><em>&#8220;<\/em><\/strong><em>When\npeople speak about rigging during the electoral process, that generally means\nthat a corrupt practice has been committed in a constituency in a systematic\nand pre planned manner with the aid and consent of the ruling party , either\nacting individually or aided by the Election Commission itself. Rigging is used\nin the used in the press by the politicians.&#8220;<\/em><\/p>\n\n\n\n<p>Rigging exists in various forms. Bogus\nvoting is a form of rigging common in India. It is more widespread in urban\nareas; in rural areas familiarity instills fear of being caught red handed in\nthe act. The outlook of allowing agents of the candidates at polling booths is\nto keep an eye on bogus voting and it is nearly impossible to identify voters\nin elections held in urban areas.<\/p>\n\n\n\n<p>In Nagaland, for example, voting by\nschool students is a frequent occurrence during elections. Teachers are the\ninstigators and they enrol all their students as voters and register their\nvotes on the polling day. This is a major reason behind Nagaland`s massive\nelectorate which stands at 75% against the national average of just over 50%.<\/p>\n\n\n\n<p>Double enrolment is also very frequent\nduring elections in India. People having their residence in rural areas but\ntheir place of work in urban areas register themselves in both the places.\nPrinting unsanctioned ballot papers and using them in elections amounts to\nRigging. Such a contention was raised during the 1983 Jammu and Kashmir\nAssembly polls. Snatching ballot boxes in transit is a common instance in\nNorthern states of India despite the presence of the government officials and\nthe agents of the candidates.<a href=\"#_ftn44\">[44]<\/a><\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Publishing_erroneous_and_defamatory_statements\"><\/span><a>Publishing erroneous and defamatory\nstatements:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>The publication of any erroneous\nstatement in relation to a rival candidate is treated as a corrupt practice\nunder Section 123(4) of the Representation of the People Act, 1951. The purpose\nof this Section is to see that the unethical and abhorrent propaganda in the\nelection campaign is avoided. Such false statements in order to under the ambit\nof this provision must be made by the candidate or his agent. Also, such\nstatement must be false or believed to be false by the publisher. Such\npublished statement must be in relation to the personal character, conduct, or\nin regard to the candidature or withdrawal of the candidate and must reasonably\naffect the candidate`s prospects of winning the election. In other words, in\norder to prove that the corrupt practice of the above kind it must be proved\nthat:<\/p>\n\n\n\n<ul><li>There must be a publication of a\ndefinite statement by the candidate or his election agent or any other person\nwith the consent of the candidate or his election agent.<\/li><li>The statement must be erroneous.<\/li><li>The publisher must believed it be false\nor must not believe it to be true.<\/li><li>It must rationally prejudice the\nprospects of the candidate`s election.<a href=\"#_ftn45\">[45]<\/a><\/li><\/ul>\n\n\n\n<p>Any bonafide statement<a href=\"#_ftn46\">[46]<\/a>\nof fact which the publisher believes to be true or any statement in relation to\nthe public conduct<a href=\"#_ftn47\">[47]<\/a>\nof a candidate in disparity to his character or conduct would not amount to\ncorrupt practice under the RP Act, 1951.\u00a0\nIt is difficult to decipher the allegations which amount to corrupt\npractice under the provisions of the act as it is difficult to ascertain the\ncircumstances and the setting under which the act has been committed.<\/p>\n\n\n\n<h5 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Undue_Influence\"><\/span><a>Undue Influence:<\/a> <span class=\"ez-toc-section-end\"><\/span><\/h5>\n\n\n\n<p>Section 123(2) of the Representation of\nthe People Act, 1951 talks about Undue Influence as a corrupt practice.Undue influence, as per law, is broad\nin its term and ponders four different forms of interference with the\nindependent exercise of any electoral right namely, direct interference,\nindirect interference, direct attempt at interference and indirect attempt at\ninterference. Electoral right means right of a person to contest or not contest\nan election or to withdraw or not to withdraw his or her candidature or to vote\nor to refrain from voting in an election.<a href=\"#_ftn48\">[48]<\/a>\nAny intrusion of that right or attempt to intrusion amounts to corrupt practice\nunder the provisions of the RP Act, 1951. However, such intrusion must be with\nthe consent of the candidate or his election agent.<\/p>\n\n\n\n<p>This definition of election law is more\nexpansive than the definition of the same expression in the Indian Penal Code, 1860\nas words like `direct` and `indirect` are not mentioned in the Code.<a href=\"#_ftn49\">[49]<\/a>\n<\/p>\n\n\n\n<p>Undue influence is used differently\nfrom proper influence which can be secured through sentiment and warmth. A\nfriendly recommendation or an influence emanating from appreciation is not\nundue influence unless the functioning of a free mind is disrupted. <\/p>\n\n\n\n<p>A leader of a political party is\npermitted to declare the policy of the party to the public and ask the\nelectorate to vote without violating any electoral right and such pleas would\nnot amount to undue influence and hence, would not attract punishment under the\nRepresentation of the People Act, 1951. However, there a thin line of\nintervention and if its breached it may amount to undue influence.<\/p>\n\n\n\n<p>Similarly, spiritual heads and\nreligious leaders may help in electioneering for the candidates. But where the\nspiritual leader or religious head leaves no choice to the electors through\nwriting or speeches but to vote for a particular candidate, it shall amount to\nundue influence under the provisions of the act.<a href=\"#_ftn50\">[50]<\/a><\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"13_INFRINGEMENT_OF_THE_MODEL_CODE_OF_CONDUCT\"><\/span><a>1.3 INFRINGEMENT OF THE MODEL CODE\nOF CONDUCT<\/a><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>The Model Code of Conduct (MCC) is\nenforced as soon as the election schedule is announced in any constituency.\nModel Code of Conduct is a set of instruction which must be followed by the\npolitical parties and their candidates during the electoral process and it is\nstrictly implemented by the Election Commission of India across all the states.\nModel Code of Conduct is a set of directions on campaigning, general conduct of\nthe candidates, party meetings etc. The Model Code of Conduct functions till\nthe electoral process is finished. <\/p>\n\n\n\n<p>The Election Commission of India has\nmade it clear that any statements made in favour of the minorities regarding\nreservation before the elections would be a violation of Model Code of Conduct.<\/p>\n\n\n\n<p>The aim of the judicial system should\nbe coy and meet the demands of the citizens by proper rationale for common good\nas mentioned in the Indian Constitution. All Sections of the society must\ncontribute in this process. Since the majority of the people in the country are\nilliterate or poor, the present political atmosphere of the country is unable\nto meet the ever increasing demands of the people. It is widely believed that\nthe success of a democracy depends on the conduct of free and fair elections. <\/p>\n\n\n\n<p>It must be discerned that the election\nlaw does not emanate from the Election Commission but establishes it. The\nElection Commission is a high functionary but has no judicial expertise for\nlegal training. The Election Commission has the power to adjudicate all the\ncases related to symbols in India.<\/p>\n\n\n\n<p>The Election Commission of India, in\nits power, adjudicated all the cases related to issues of symbols of different\npolitical parties namely Janata Dal and BJP in the past. Even BJP was allowed\nto use its &#8220;Lotus&#8220; symbol in the 1991 General Elections. A petition was filed\nby a Congress leader to derecognize the symbol under Section 29-A of the Representation\nof the People Act, 1951.<\/p>\n\n\n\n<p>Though the Election Commission\nrestrained its judgment till the elections were over and BJP was allowed to\nameliorate the election symbol in the elections.<\/p>\n\n\n\n<p>An election petition is a statutory\nproceeding to which neither the common law nor the general principles of equity\nare applicable. The statute there is no right to elect, no right to be elected\nand no right to dispute an election.<a href=\"#_ftn51\">[51]<\/a><\/p>\n\n\n\n<p>Rules of procedure are generally\nenacted to provide justice and safeguarding the rights of the parties. It is\nthe general rule of interpretation that procedural enactments should be\ninterpreted courteously and in such manner as to render the enforcement of\nsubstantive rights effective. Even where the status is compulsory in terms, it\nis satisfied if there is sufficient compliance. Courts may look into the\nlegislative history and the intention of the legislature but always bearing in\nmind that objective is best conveyed in words used. The courts must not\nintervene in the field of legislature while finding out the legislative intent.\nThough, in some cases the court is bound to do in order to discover the\nperversity not provided in the old law and sought to be remedied by the new\nstatute. In the case of <strong><em>Kanhiya Lal Omar v. R.K. Trivedi<a href=\"#_ftn52\"><strong>[52]<\/strong><\/a> <\/em><\/strong>the\nConstitutional validity of the Election symbols was challenged under Article\n32. The main contention of the petitioner was that legislative powers cannot be\nconferred on the Election Commission to pass an order.<\/p>\n\n\n\n<p>This argument was rejected by the\nSupreme Court on two grounds:<\/p>\n\n\n\n<ul><li>The\nElection Commission issued the election symbols order in pursuance of the rules\nformulated by the Central Government under Section 169 of the Representation of\nthe People Act, 1951 for carrying out its motive. Rule 5 of the Conduct of\nElection Rules, 1961 makes it mandatory for the Commission designate symbols\nfor elections. Rule 10(4) of the Election Rules, 1961 authorizes the Commission\nto issue special and general directions to retiring officers in regard to\nallotment of symbols. Such allotment must be in conformity with the directions.\nUnder Rule 10(5), the Commission can amend the allotment of a symbol by the\nreturning officers if the allotment is not consistent to the directions issued\nby the Commission. It is clearly visible that in such matters the Commission\nhas sweeping powers to issue orders.<\/li><li>Another\nrepulsive reason emerges in regard to the contradiction between Article 324 and\n327 that the ultimate power to make laws is vested in the Parliament under\nArticle 327 of the Indian Constitution. However, the opening words of this\nprovision are, &#8220;<em>subject to the\nprovisions of the Constitution&#8220;. <\/em>Such a clause simply means that any law\nmade by the Parliament in exercise of powers conferred under Article 327 could\nbe subject to the other provisions of the Constitution, including Article 324.\nTherefore, the Election Commission is fully authorized to issue orders related\nto election symbols.<\/li><\/ul>\n\n\n\n<p>Actuality teaches us that power and its\nConstitutional limitations must be examined by the irrational ability or\ndiversion in arbitrary and dynamic hands especially a land where poverty and\nilliteracy is widespread.<a href=\"#_ftn53\">[53]<\/a><\/p>\n\n\n\n<p>An election may be challenged on the justification\nthat a candidate, otherwise qualified for a seat, was returned by the persons,\nsome of whom were not entitled. To arouse public credence in the verdict of\nballot box, it is necessary to have a quick, impartial and inexpensive\nadjudication of election cases, through machinery controlled by persons having\njudicial mettle and virtue.<a href=\"#_ftn54\">[54]<\/a><\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"CONCLUSION\"><\/span><a>CONCLUSION<\/a><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>Free and impartial elections are\nfundamental to the functioning of a healthy democracy and an indicator of its\nmagnitude and spirit. The Election Commission must be free from any influence\nby the Executive and the Legislature. It must secure impartiality to all the\npolitical parties and candidates. The Election Commission is empowered with the\nentire administration of conducting elections and directing the officers and\nother personnel involved in the preparation and management of electoral rolls.\nThe position of the Election Commission is equivalent to the Judge of the\nSupreme Court when it comes to independence of authority. Therefore, the\nCommission has earned plaudits from both home and abroad.<\/p>\n\n\n\n<p>The Election Commission has exposed the\nmyth between education and political participation by ensuring free and fair\nelections across the country. Though, corrupt practices and corruption still\npersist in our country but Election Commission has done a commendable job to\ncurb them to an extent. The incapability of the current law which has been\nunsuccessful in meeting the originality of candidates to evade the limit on\nexpenditure is partly due to the low ceiling as prescribed by the law.<\/p>\n\n\n\n<p>The Election Commission has taken\nnumerous steps to curb the impact of criminals in politics. Electoral\nmalpractices have reduced over the years but the impact of communalism and\ncasteism is still widespread. It is mainly in three forms:<\/p>\n\n\n\n<ul><li>Dissemination\nof government resources<\/li><li>Selection\nof Ministries and government officials.<\/li><li>Vote\nBank politics on the basis of religion and caste.<\/li><\/ul>\n\n\n\n<p>There are provisions in the Representation\nof the People Act, 1951 which attract punishment for candidates engaged in vote\nbank politics. Unfortunately, these provisions are not effectively enforced due\nto lack of political acumen and pending litigation. Moreover, these laws are\nonly applicable to the victorious candidates. However, it is very tough to enforce\nlaw in the absence of clarity of the term communalism. It is tough because the\nappeal to narrow emotions can vary from rudimentary and direct to indirect ways\nand judgments on such matters may be reduced to mere opinion or interpretation.<\/p>\n\n\n\n<p>Many political parties still encourage\nthe addition of criminals in their organisations and this can only be countered\nwhen the society starts raising its voice towards these people. Otherwise no\nelectoral reform will effective in curbing the menace of criminalisation of\npolitics. Furthermore, the political parties must take the initiative of\nrejecting all the candidates having criminal background and reduce illegal\nfunding from unknown sources. <\/p>\n\n\n\n<p>The reforms have a substantial effect\nin reducing money and muscle power, but may not be sustainable for a longer\nperiod of time. At times they can be counterproductive. The society must come\nforward and raise concern against such evil malpractices. Criminalisation of\npolitics in India has reached a threshold and must be addressed by the\ncitizens, government and the political parties. Politics in India has been\ngiven a new meaning altogether as it is not longer a platform for providing\nsocial service but a lucrative business opportunity for some to evade crime and\nearn money from illicit sources without facing the wrath of the law. Criminals\nin politics are threatening the very foundations of the Indian democracy.<\/p>\n\n\n\n<p>Corruption in India is due to many\nreasons and politicians are one of them. It is not the outcome of the political\nsystem as such. Constitution is what people make of it. Attempts have been made\nto defeat the principles of the Constitution and the rule of law. On the\npositive side, the political and administrative institutions are still strong\nand independent to some extent and still hold the key to our flourishing\ndemocracy. Supreme Court, High Courts, Comptroller and Auditor General,\nElection Commission, Union Public Service Commission, National Human Rights\nCommission and Central Vigilance Commission have proved their mettle over the\nyears. <\/p>\n\n\n\n<p>The civil society has scored over many\nobstacles and determinedly challenged cases pertaining to the rights of the\ndispossessed, weaker Sections, gender discrimination and corrupt practices. It\nhas been successful is securing transparency in electoral process by declaring\nthe background of the candidates involving education, criminal records and\nassets. <\/p>\n\n\n\n<p>Media too, has played an important role\nin galvanising the attempt to curb electoral malpractices and enlightening the\nmasses to fight against the menace of corrupt practice. An active media\nchallenges the accountability of the government in a country like India.\nHowever, there has been a paradigm shift in the functioning of media. Ethics of\njournalism has taken a back seat in the evolving media scenario. Journalists\nhave to be more vigilant and rational in dealing with such political menace in\nthe country. <\/p>\n\n\n\n<p>It is absolutely clear that the work\nElection Commission has done over the years is nothing short of spectacular\nconsidering the magnitude of the task at hand. Conducting elections in a\ncountry like India is not an easy task. Election Commission has achieved\nconsiderable success when it comes to demarcation of constituencies, electoral\nprocess involving preparation of the electoral rolls, election expenditure etc.\nThe Commission has achieved peerless success in these areas and have received\nplaudits for their achievement. <\/p>\n\n\n\n<p>On the other hand, when it comes to\ncurtailing electoral malpractices and corruption, the task of the Commission\nhas been hindered by the Executive and Legislative interference. Still the <br>\nCommission has managed to reduce such practices to a great extent. The work\nCommission has done over the years is almost impossible to replicate.<\/p>\n\n\n\n<p>In order to achieve unprecedented\nsuccess, the Commission needs help from the government and the citizens as well\nas other organisations in the country. \u00a0<br><\/p>\n\n\n\n<hr class=\"wp-block-separator\"\/>\n\n\n\n<p><a href=\"#_ftnref1\">[1]<\/a>\nArt. 324 of the CONSTITUTION\u00a0 <\/p>\n\n\n\n<p><a href=\"#_ftnref2\">[2]<\/a>\n&#8220;The guardians of free and fair elections&#8220;, <a href=\"http:\/\/www.thehindu.com\/todays-paper\/tp-in-school\/the-guardians-of-free-and-fair-elections\/article5750971.ece\">http:\/\/www.thehindu.com\/todays-paper\/tp-in-school\/the-guardians-of-free-and-fair-elections\/article5750971.ece<\/a>,\nMarch 5, 2014<\/p>\n\n\n\n<p><a href=\"#_ftnref3\">[3]<\/a> HT\nCorrespondent, &#8220;10 things to know about NOTA \u2013 a voters right to reject&#8220;, <a href=\"https:\/\/www.hindustantimes.com\/india\/10-things-to-know-about-nota-a-voter-s-right-to-reject\/story-SkX0EsDQbjG5e2sz0L5N9H.html\">https:\/\/www.hindustantimes.com\/india\/10-things-to-know-about-nota-a-voter-s-right-to-reject\/story-SkX0EsDQbjG5e2sz0L5N9H.html<\/a>,\nMay 14, 2014<\/p>\n\n\n\n<p><a href=\"#_ftnref4\">[4]<\/a> Peu\nGhosh, <em>Indian Government and Politics, <\/em>Second\nEdition, PHI Learning Private Limited, New Delhi, 2017, p. 265<\/p>\n\n\n\n<p><a href=\"#_ftnref5\">[5]<\/a> Raghunath\nNageswaran, &#8220;Why Criminals enter Politics in India&#8220;, <a href=\"https:\/\/thewire.in\/121252\/when-crime-pays-milan-vaishnav\/\">https:\/\/thewire.in\/121252\/when-crime-pays-milan-vaishnav\/<\/a>,\nApril 5, 2017<\/p>\n\n\n\n<p><a href=\"#_ftnref6\">[6]<\/a> <em>Union of India <\/em>v. <em>Association for Democratic Reforms and\nAnother, <\/em>AIR 2002 SCR 294<\/p>\n\n\n\n<p><a href=\"#_ftnref7\">[7]<\/a> <em>Ramesh Dalal <\/em>v. <em>Union of India, <\/em>AIR 1988 SC 775<\/p>\n\n\n\n<p><a href=\"#_ftnref8\">[8]<\/a> Jagdip\nS. Chhokar, &#8220;Revisiting India`s electoral reforms&#8220;, <a href=\"http:\/\/www.livemint.com\/Opinion\/VJe9yfsux8vLD33rOgOn0N\/Revisiting-Indias-electoral-reforms.html\">http:\/\/www.livemint.com\/Opinion\/VJe9yfsux8vLD33rOgOn0N\/Revisiting-Indias-electoral-reforms.html<\/a>,\nMarch 18, 2015<\/p>\n\n\n\n<p><a href=\"#_ftnref9\">[9]<\/a> Varun\nB. Krishnan, &#8220;A look inside the electronic voting machine&#8220;, <a href=\"http:\/\/www.thehindu.com\/news\/national\/a-look-inside-the-electronic-voting-machine\/article23036380.ece\">http:\/\/www.thehindu.com\/news\/national\/a-look-inside-the-electronic-voting-machine\/article23036380.ece<\/a>,\nMarch 10, 2018<\/p>\n\n\n\n<p><a href=\"#_ftnref10\">[10]<\/a> Express\nWeb Desk, &#8220;What is VVPAT? How does it work?&#8220;, <a href=\"http:\/\/indianexpress.com\/article\/what-is\/what-is-vvpat-how-does-it-work-4806869\/\">http:\/\/indianexpress.com\/article\/what-is\/what-is-vvpat-how-does-it-work-4806869\/<\/a>,\nAugust 21, 2017<\/p>\n\n\n\n<p><a href=\"#_ftnref11\">[11]<\/a> <em>People`s Union for Civil Liberties <\/em>v.\n<em>Union of India, <\/em>AIR 2013, 10 SCC 1<\/p>\n\n\n\n<p><a href=\"#_ftnref12\">[12]<\/a> V.R.\nVarchana and Maya Roy, &#8220;NOTA and the Indian voter&#8220;, <em>Economic &#038; Political Weekley, <\/em>Volume 53, 2018<\/p>\n\n\n\n<p><a href=\"#_ftnref13\">[13]<\/a> Krishnadas\nRajagopal, &#8220;Supreme Court gives the nod for setting up 12 special courts to\ntry cases against politicians&#8220;, <a href=\"http:\/\/www.thehindu.com\/news\/national\/sc-clears-12-special-courts-to-try-cases-against-politicians\/article21665775.ece\">http:\/\/www.thehindu.com\/news\/national\/sc-clears-12-special-courts-to-try-cases-against-politicians\/article21665775.ece<\/a>,\nDecember 14, 2017<\/p>\n\n\n\n<p><a href=\"#_ftnref14\">[14]<\/a> Niranjan\nSahoo, &#8220;India`s political funding mess&#8220;, <a href=\"http:\/\/www.dnaindia.com\/analysis\/column-india-s-political-funding-mess-2552418\">http:\/\/www.dnaindia.com\/analysis\/column-india-s-political-funding-mess-2552418<\/a>,\nOctober 13, 2017<\/p>\n\n\n\n<p><a href=\"#_ftnref15\">[15]<\/a> N.\nVittal, <em>Corruption in India: The\nRoadblock to National Prosperity, <\/em>Academic Foundation, New Delhi, 2007, p.\n172<\/p>\n\n\n\n<p><a href=\"#_ftnref16\">[16]<\/a> Section\n123 of the Representation of the People\u2019s Act, 1951<\/p>\n\n\n\n<p><a href=\"#_ftnref17\">[17]<\/a> <em>Om Prakash <\/em>v. <em>Lal Chand, <\/em>AIR 1970 SC\n1889<\/p>\n\n\n\n<p><a href=\"#_ftnref18\">[18]<\/a> <em>Raman Bhai <\/em>v. <em>Jaswant Singh, <\/em>AIR 1978 SC 1162<\/p>\n\n\n\n<p><a href=\"#_ftnref19\">[19]<\/a> <em>Har Swaroop <\/em>v. <em>Brij Bhushan, <\/em>AIR 1967 SC 836<\/p>\n\n\n\n<p><a href=\"#_ftnref20\">[20]<\/a> <em>R.M. Seshadri<\/em> v. <em>G.V. Pai, <\/em>AIR 1969 SC 692<\/p>\n\n\n\n<p><a href=\"#_ftnref21\">[21]<\/a> <em>Mohammad Koya <\/em>v. <em>Muthu Koya, <\/em>AIR 1979 SC 154<\/p>\n\n\n\n<p><a href=\"#_ftnref22\">[22]<\/a> <em>Manohar Joshi <\/em>v. <em>Nitin Bhaurao Patil, <\/em>AIR 1996 SC (1) 169<\/p>\n\n\n\n<p><a href=\"#_ftnref23\">[23]<\/a> <em>Bal Thackeray <\/em>v. <em>Prabhakar K. Kunte, <\/em>AIR 1996 SC 130<\/p>\n\n\n\n<p><a href=\"#_ftnref24\">[24]<\/a> Harsh\nDobhal, <em>Writings on Human Rights, Law and\nSociety in India, <\/em>Human Rights Law Network, New Delhi, 2011, p. 14<\/p>\n\n\n\n<p><a href=\"#_ftnref25\">[25]<\/a> A.G.\nNoorani, &#8220;Supreme Court and Hindutva&#8220;, <a href=\"http:\/\/www.frontline.in\/the-nation\/supreme-court-and-hindutva\/article5596736.ece\">http:\/\/www.frontline.in\/the-nation\/supreme-court-and-hindutva\/article5596736.ece<\/a>,\nJanuary 7,\u00a0 2014<\/p>\n\n\n\n<p><a href=\"#_ftnref26\">[26]<\/a> Suhrith\nParthasarathy, &#8220;Hindutva at the hustings&#8220;, <a href=\"http:\/\/www.thehindu.com\/opinion\/lead\/Hindutva-at-the-hustings\/article16082561.ece\">http:\/\/www.thehindu.com\/opinion\/lead\/Hindutva-at-the-hustings\/article16082561.ece<\/a>,\nOctober 27, 2016<\/p>\n\n\n\n<p><a href=\"#_ftnref27\">[27]<\/a> <em>Dr. Ramesh Yeshwant Prabhoo <\/em>v.\n<em>Prabhakar Kashinath Kunte, <\/em>AIR 1996\nSC (1) 130<\/p>\n\n\n\n<p><a href=\"#_ftnref28\">[28]<\/a> <em>S.R. Bommai <\/em>v. <em>Union of India, <\/em>1994 AIR 1918, 1994 SCC\n(3), 1, JT 1994 (2)215, 1994 SCALE(2)37<\/p>\n\n\n\n<p><a href=\"#_ftnref29\">[29]<\/a> <em>Abhiram Singh <\/em>v. <em>C.D. Commachen (Dead) by Lrs &#038; Ors., <\/em>Civil\nAppeal No. 37 of 1992<\/p>\n\n\n\n<p><a href=\"#_ftnref30\">[30]<\/a> Krishnadas\nRajagopal, &#8220;Seeking votes on religious basis a corrupt practice: SC:&#8220;, <a href=\"http:\/\/www.thehindu.com\/news\/national\/Seeking-votes-on-religious-basis-a-corrupt-act-SC\/article16977220.ece\">http:\/\/www.thehindu.com\/news\/national\/Seeking-votes-on-religious-basis-a-corrupt-act-SC\/article16977220.ece<\/a>,\nJanuary 2, 2017<\/p>\n\n\n\n<p><a href=\"#_ftnref31\">[31]<\/a> <em>Jamaat-e-Islamia Hind <\/em>v.\n<em>Union of India, <\/em>AIR 1995 SCC 428<\/p>\n\n\n\n<p><a href=\"#_ftnref32\">[32]<\/a> Section\n153-A and 153-B of the Indian Penal code, 1860<\/p>\n\n\n\n<p><a href=\"#_ftnref33\">[33]<\/a> Ujjwal\nKumar Singh, <em>The State, Democracy and\nAnti-Terror Laws in India, <\/em>SAGE Publications, New Delhi, 2007, p. 99<\/p>\n\n\n\n<p><a href=\"#_ftnref34\">[34]<\/a> <em>Dhartipakar <\/em>v. <em>Rajiv Gandhi, <\/em>AIR 1987 SC 1577<\/p>\n\n\n\n<p><a href=\"#_ftnref35\">[35]<\/a> <em>Haridwarlilal <\/em>v. <em>Kanwal Singh, <\/em>AIR 1972 SCR 742<\/p>\n\n\n\n<p><a href=\"#_ftnref36\">[36]<\/a> <em>U.S. Sasidharan <\/em>v.\n<em>K. Karunakaran and others, <\/em>AIR 1989\nSCC 482<\/p>\n\n\n\n<p><a href=\"#_ftnref37\">[37]<\/a> <em>Satyanarayana <\/em>v. <em>Dhuja Ram, <\/em>AIR 1987 SC 1577<\/p>\n\n\n\n<p><a href=\"#_ftnref38\">[38]<\/a> H.R.\nKhanna, <em>Making of India`s Constitution, <\/em>2<sup>nd<\/sup>\nEdition,Eastern Book Company,\nLucknow, 2008, p. 417<\/p>\n\n\n\n<p><a href=\"#_ftnref39\">[39]<\/a> <em>Ghasi Ram <\/em>v. <em>Dal Singh, <\/em>AIR 1968 SC 1577<\/p>\n\n\n\n<p><a href=\"#_ftnref40\">[40]<\/a> <em>Indira Gandhi <\/em>v. <em>Raj Narain<\/em>, AIR 1975 SC 2299<\/p>\n\n\n\n<p><a href=\"#_ftnref41\">[41]<\/a> Ibid.<\/p>\n\n\n\n<p><a href=\"#_ftnref42\">[42]<\/a> <em>M. Karunanidhi <\/em>v. <em>Dr. H.V. Hande, <\/em>AIR 1983 SC 473 <\/p>\n\n\n\n<p><a href=\"#_ftnref43\">[43]<\/a> Nanak\nChand Pandit and Gyan Chand Mathur, <em>The\nLaw of Election and Election Petitions in India, <\/em>2<sup>nd<\/sup> Edition,\nMetropolitan Book Co., New Delhi, 1957, p. 336, 624<\/p>\n\n\n\n<p><a href=\"#_ftnref44\">[44]<\/a> Sailendra\nNath Sen, <em>An Advanced History of Modern\nIndia, <\/em>Pan Macmillan, New Delhi, 2010, p. 351<\/p>\n\n\n\n<p><a href=\"#_ftnref45\">[45]<\/a> <em>B.P. Maurya <\/em>v. <em>Prakash Vir Shastri, <\/em>AIR 1970 SC 522<\/p>\n\n\n\n<p><a href=\"#_ftnref46\">[46]<\/a> <em>Dev Kanta Barroah <\/em>v.\n<em>Golok Chandra Baruah, <\/em>AIR 1970 SC\n1231<\/p>\n\n\n\n<p><a href=\"#_ftnref47\">[47]<\/a> <em>Dr. Jagjit Singh <\/em>v.\n<em>Giani Kartar Singh, <\/em>AIR 1966 AIR 773<\/p>\n\n\n\n<p><a href=\"#_ftnref48\">[48]<\/a> Section\n79(d) of the Representation of the People Act, 1951<\/p>\n\n\n\n<p><a href=\"#_ftnref49\">[49]<\/a> <em>Shri Babulal Patel &#038; Ors <\/em>v.\n<em>Dr. Zakir Husain &#038; Ors, <\/em>AIR 1968\nSC 904<\/p>\n\n\n\n<p><a href=\"#_ftnref50\">[50]<\/a> <em>Ram Dial <\/em>v. <em>Sant Lal and Ors, <\/em>AIR 1959 SC 855<\/p>\n\n\n\n<p><a href=\"#_ftnref51\">[51]<\/a> <em>Jyoti Basu <\/em>v. <em>Debi Ghoshal, <\/em>AIR 1982 SC 983<\/p>\n\n\n\n<p class=\"has-text-color has-very-dark-gray-color\"><a href=\"#_ftnref52\">[52]<\/a> <em>Kanhiya Lal Omar <\/em>v.\n<em>R.K. Trivedi, <\/em>AIR 1986 SC 111<\/p>\n\n\n\n<p><a href=\"#_ftnref53\">[53]<\/a> Tanima\nBanerjee, &#8220;10 things you need to know about Model Code of Conduct&#8220;, <a href=\"http:\/\/www.business-standard.com\/article\/politics\/10-things-you-need-to-know-about-the-model-code-of-conduct-114030600236_1.html\">http:\/\/www.business-standard.com\/article\/politics\/10-things-you-need-to-know-about-the-model-code-of-conduct-114030600236_1.html<\/a>,\nMarch 6, 2014<\/p>\n\n\n\n<p><a href=\"#_ftnref54\">[54]<\/a> Dr.\nJanak Raj Jai and Rajiv Jai, <em>Revival of\nTwo Party System in India, <\/em>Regency Publications, New Delhi, 1999, p. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Ritwik Sharma | Amity Law School, Delhi | 15th October 2019 \u00a0ABSTRACT The main focus of this research is to understand the significance and efficacy of the great Indian election. Elections form the bedrock of every electoral democracy and India is no alien to this practice. Elections in India are conducted with great enthusiasm since [&hellip;]<\/p>\n","protected":false},"author":102,"featured_media":234,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[34],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.8.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Efficacy of free and fair Elections in India: A Comprehensive Study - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Efficacy of free and fair Elections in India: A Comprehensive Study - LexForti\" \/>\n<meta property=\"og:description\" content=\"Ritwik Sharma | Amity Law School, Delhi | 15th October 2019 \u00a0ABSTRACT The main focus of this research is to understand the significance and efficacy of the great Indian election. Elections form the bedrock of every electoral democracy and India is no alien to this practice. Elections in India are conducted with great enthusiasm since [&hellip;]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/\" \/>\n<meta property=\"og:site_name\" content=\"LexForti\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Lexforti\/\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-23T10:29:46+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2020-09-16T14:26:49+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i1.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/EFFICACY-OF-FREE-AND-FAIR-ELECTIONS.jpg?fit=400%2C225&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"400\" \/>\n\t<meta property=\"og:image:height\" content=\"225\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Rohit Pradhan\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Rohit Pradhan\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"50 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/\"},\"author\":{\"name\":\"Rohit Pradhan\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/04167cd13bd944a0442fd6b1d45ac4af\"},\"headline\":\"Efficacy of free and fair Elections in India: A Comprehensive Study\",\"datePublished\":\"2020-04-23T10:29:46+00:00\",\"dateModified\":\"2020-09-16T14:26:49+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/\"},\"wordCount\":10073,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"articleSection\":[\"Contemporary Legal Issue\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/efficacy-of-free-and-fair-elections-in-india-a-comprehensive-study\/\",\"name\":\"Efficacy of free and fair Elections in India: A Comprehensive Study - 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He is an esteemed member of the Bar Council of Delhi, with a passion for delivering justice and upholding the law. Rohit's extensive legal expertise and dedication to his profession are well-recognized in the field. Notably, he is the author of the comprehensive legal resource, 'Franchise Laws in India', a book graced with a Foreword penned by none other than the former Chief Justice of India, NV Ramana. 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