Free and Fair Election

The true test of any election system is its ability to ensure a free and fair electoral process, to ensure an impartial and transparent Election system and to allow the voter’s aspirations to find legitimate expression through the electoral results.

Universal Franchise and Right to Contest: 

• • Universal adult franchise: All adult citizens of the country must be eligible to vote in the elections. The Indian Constitution guarantees every adult citizen in India to have the right to vote
  • Voting age: Until 1989, an adult Indian meant to be  an Indian citizen if he is above the age of 21 
  • An amendment to the Constitution in 1989, reduced the eligibility age to 18 

• Right to Contest Election: to stand for election is all citizens right.

• • Different minimum age requirements for contesting elections: For example – a candidate must be at least 25 years old for standing in Lok Sabha or Assembly election
  • Some legal restrictions: A person who has undergone imprisonment for two or more years for some offense is disqualified from contesting elections
  • It has no restrictions on income, education or class or gender

Independent Election Commission: 

It has been made to supervise and conduct elections and ensure a free and fair election system.

• Constitutional Provisions: 

  • Article 324 provides for an independent Election Commission for the ‘superintendence, direction and control of the electoral roll and the conduct of elections in India
  • It gives the Election Commission a decisive role in virtually everything to do with elections
• To help the Election Commission of India, there is a Chief Electoral Officer in every state
• The Election Commission is not responsible for the dealings of local body elections. The State Election Commissioners work freely from the Election Commission of India and each has its own sphere of manipulation

Structure of Election Commission of India:

• Election Commission of India can either be a single member or a multi-member body 
• Until 1989, the EC  was a single member
• Multi-member: Just before the 1989 general elections, two Election Commissioners were appointed. After the elections, it was reverted to its single member status
• In 1993, two Election Commissioners were appointed once again, and the Commission became multi-member and has remained since then
• There is general consensus that a diverse-member Election Commission is more appropriate as power is shared and there is greater accountability

Chief Election Commissioner (CEC):

• He/she presides over the Election Commission but does not have more powers than the other Election Commissioners
• The Chief Election Commission and the two Election Commissioners have similar powers to take all decisions relating to elections as a collective body 
• They are appointed by the President of India on the counsel of the Council of Ministers

Fear: It is possible for a ruling party to appoint a partisan person to the Commission who might favour them in the elections.

Security of Tenure:

• The Constitution ensures the security of the life of the Chief Election Commission and Election Commissioners
• Tenure of Election Commission is 65 year of age or 6 year term, whichever is earlier

Process of removal: 

• The Chief Election Commission can be removed before the expiry of the term, by the President if both Houses of Parliament make such a recommendation with a special majority
• The President of India can remove the Election Commissioners

Functions of the Election Commission of India:

• Supervises the preparation of up-to-date voter list: It makes every effort to ensure that the voters’ list is free of errors like non-existence of names of registered voters or entity of names of those non-eligible or non-existent
• Determines the timing of elections and prepares the election panel: The election schedule includes the notification of elections, date from which nominations can be filed, last date for filing nominations, last date of scrutiny, last date of withdrawal, date of voting and date of counting and declaration of results
• During this thorough process, the Election Commission has the power to take decisions to ensure a free and fair poll. It can postpone or cancel the election in the entire country or a distinct State or constituency on the grounds that the atmosphere is vitiated and therefore, a free and fair election may not be possible
• It also implements a model code of conduct for parties and candidates. It can order a re-poll in a distinct constituency. It can also order a recount of votes when it feels that the counting process has not been absolutely fair and just
• It allots symbols and accords respect to political parties to each of them

The administrative machinery of ECI:

• It has a very limited staff of its own. It conducts the elections with the helping of the administrative machinery

Once the election process has begun: 

• It has control over the administration as far as election-related work is concerned
• During the election process, the administrative officers of the State and central governments are assigned election-related duty and, in this respect, the ECI has full control over them
• Transfer of the officers or stop of their transfers can be done by EC
• It can act against them for failing to act in a non-partisan manner

Conclusion

To sum up, a free election is one in which all people have the right to vote for the candidate of their choice, but a fair election is one in which all votes have equal weight and are tallied correctly. To guarantee a free and fair election, governments must satisfy certain conditions before, during, and after the election.

The eight requirements that follow describe what constitutes an ideal. Most nations satisfy them poorly, but the greater the number of requirements met, the more precisely an election reflects the will of the people.