1. TeamTeam MembersMembers::
Rishabh Srivastava
Ashutosh Ranjan
Kriti Rathi
Ashutosh Jain
Akshay Mishra
--Institute of Law,
Nirma university,
Gujarat
 FAIRNESS AT PLAY:
INTRODUCING
ELECTORAL REFORMS
IN INDIA.
Rishabh Srivastava
Ashutosh Ranjan
Kriti Rathi
Ashutosh Jain
Akshay Mishra
--Institute of Law,
Nirma university,
Gujarat
 FAIRNESS AT PLAY:
INTRODUCING
ELECTORAL REFORMS
IN INDIA.

2.  SCOPE: Free & Fair elections are the lifeline
of any democracy. And INDIA is the largest
democracy, so its a necessity for us to have a
fair elections.
 Today's election are plagued by a number of
issues, and lack of credibility deters people
from participating in the electoral process. As
worlds largest democracy, its is our
responsibility to participate in a free & fair
elections.
 Reasons: Even after 65years of
Independence, the public has not been able to
see a free and fair election. From past few
years, the citizens are growing restless and
have anguish against these elected MP’s.
Hence, we have taken up this topic as we
believe that the vote of people should go to
the right candidate and not be influenced by
money or muscle power.
 Causes: Money power
1. Lower Income Groups
2. High Illiteracy in Rural Area
3. Lack of Awareness
4. Improper Implementation of laws
5. Anarchy in Criteria
6. Weak at Grass Root Level
Muscle Power
1. Criminalization of Politics
2. Using Politics as a Hideout from Law
3. To Suppress the Viewpoints of others
4. To Establish Supremacy over Opponents
 SCOPE: Free & Fair elections are the lifeline
of any democracy. And INDIA is the largest
democracy, so its a necessity for us to have a
fair elections.
 Today's election are plagued by a number of
issues, and lack of credibility deters people
from participating in the electoral process. As
worlds largest democracy, its is our
responsibility to participate in a free & fair
elections.
 Reasons: Even after 65years of
Independence, the public has not been able to
see a free and fair election. From past few
years, the citizens are growing restless and
have anguish against these elected MP’s.
Hence, we have taken up this topic as we
believe that the vote of people should go to
the right candidate and not be influenced by
money or muscle power.
 Causes: Money power
1. Lower Income Groups
2. High Illiteracy in Rural Area
3. Lack of Awareness
4. Improper Implementation of laws
5. Anarchy in Criteria
6. Weak at Grass Root Level
Muscle Power
1. Criminalization of Politics
2. Using Politics as a Hideout from Law
3. To Suppress the Viewpoints of others
4. To Establish Supremacy over Opponents

4. 1. The Election Commission should finance the candidates standing in the elections.
 Merits : (i) A fair play field to all candidates
: (ii) Reduces Scope of Black Money
: (iii) Reduces role of External Factors
2. Auditing rights to be made available to Election Commission
 Merits : (i) Scrutiny of Expenditure done by Candidates
: (ii)Checks for scope of Back door pumping of money by Candidates
: (iii) Check on Manipulative practices done by candidates
3. Election to be held successively
 Merits : (i) Uniformity in Election Process
: (ii) Reduce scope of Malpractices in the name of Region
: (iii) Reduces Pseudo Election
4. Concept of Election Observers- More powers to the Commission and its Observers
 Merits: (i) Watch Dog to every activity of Candidates
: (ii) Will Reduce burden on Judiciary
: (iii) Increases Accountability of Candidates.
1. The Election Commission should finance the candidates standing in the elections.
 Merits : (i) A fair play field to all candidates
: (ii) Reduces Scope of Black Money
: (iii) Reduces role of External Factors
2. Auditing rights to be made available to Election Commission
 Merits : (i) Scrutiny of Expenditure done by Candidates
: (ii)Checks for scope of Back door pumping of money by Candidates
: (iii) Check on Manipulative practices done by candidates
3. Election to be held successively
 Merits : (i) Uniformity in Election Process
: (ii) Reduce scope of Malpractices in the name of Region
: (iii) Reduces Pseudo Election
4. Concept of Election Observers- More powers to the Commission and its Observers
 Merits: (i) Watch Dog to every activity of Candidates
: (ii) Will Reduce burden on Judiciary
: (iii) Increases Accountability of Candidates.

5. 5. MP’s with Serious Charges like MCOCA, Gangster Act, to be Disqualified Immediately
 Merits : (i) Saving parliament indirectly from criminals
: (ii) Create space for Clean Image person to enter politics
6. Bigger Role to State Police Forces
 Merits : (i) Reduces Dependence of Para Military Forces
: (ii) Better control of the Local Area
7. Formation of Interim Government:
 Merits : (i) Can Implement Free and Fair election Related Policies
: (ii) Reduces Scope of Elections Influenced by one party Decisions
8. E-voting System:
 Merits : (I) Ensure maximum voting in all classes/areas of the nation.
: (ii) Will reduce cases of bogus voting/booth capturing
5. MP’s with Serious Charges like MCOCA, Gangster Act, to be Disqualified Immediately
 Merits : (i) Saving parliament indirectly from criminals
: (ii) Create space for Clean Image person to enter politics
6. Bigger Role to State Police Forces
 Merits : (i) Reduces Dependence of Para Military Forces
: (ii) Better control of the Local Area
7. Formation of Interim Government:
 Merits : (i) Can Implement Free and Fair election Related Policies
: (ii) Reduces Scope of Elections Influenced by one party Decisions
8. E-voting System:
 Merits : (I) Ensure maximum voting in all classes/areas of the nation.
: (ii) Will reduce cases of bogus voting/booth capturing

7. 1. Financing by Election commission: Here, We believe that a certain portion of tax collected to
be handed over to election commission along with the donations made to political parties by
various sources to be utilised by Commission during every election. The Money Collected
should be distributed based upon the Inflation level of the place where elections are being
conducted. The Candidate shall be allowed to use only the resources allotted to them by the
Commission and they shall not be allowed to bring/pump any money from personal pocket,
and violation of which will interact penalties. The Major stake holders here will be potential
candidates, workers, corporate houses, and the government.
2. Auditing by CAG(Comptroller & auditor General) : Both being government bodies, we
recommend that during the election time, the CAG should work in close coordination with the
commission and take on the job of auditing the accounts of candidates. This auditing will help
to discover the extra inflow of money if any.
3. Successive election policy: As per successive election policy, the elections of all states and
the centre should be held one after another. We propose to divide the country into 6 zones,
and elections in each zone should be held successively. We also propose to cap a candidate to
contest foe maximum of 2 seats. This will help to bring down the total election cost and
ensure uniform election policies everywhere.
1. Financing by Election commission: Here, We believe that a certain portion of tax collected to
be handed over to election commission along with the donations made to political parties by
various sources to be utilised by Commission during every election. The Money Collected
should be distributed based upon the Inflation level of the place where elections are being
conducted. The Candidate shall be allowed to use only the resources allotted to them by the
Commission and they shall not be allowed to bring/pump any money from personal pocket,
and violation of which will interact penalties. The Major stake holders here will be potential
candidates, workers, corporate houses, and the government.
2. Auditing by CAG(Comptroller & auditor General) : Both being government bodies, we
recommend that during the election time, the CAG should work in close coordination with the
commission and take on the job of auditing the accounts of candidates. This auditing will help
to discover the extra inflow of money if any.
3. Successive election policy: As per successive election policy, the elections of all states and
the centre should be held one after another. We propose to divide the country into 6 zones,
and elections in each zone should be held successively. We also propose to cap a candidate to
contest foe maximum of 2 seats. This will help to bring down the total election cost and
ensure uniform election policies everywhere.

8. 4. Election Observers : By encouraging observers, we believe that mal practices to some extent
can be brought down. These observers will consist of people from local administration, govt
school teachers, retired civil servant/judges, and Certain NGO’s. These Observers will be given
special training and will have power to complain the commission on any matter they deem
important. The total cost of training will be paid by the contingency fund and the election
commission budget jointly.
5. Disqualification of MP’s: As soon as any MP is Booked under any article of a Serious crime such
as MCOCA,GANGSTER ACT, etc their post and candidature should be immediately scrapped
and until the final verdict is announced, the Booked MP should not be allowed to re contest
elections
6. Bigger Role of State Police Forces: We Believe that the state police should be given more
powers to operate during the election time. They should be transferred to other districts
during elections and duty of banning liquor and other substances should be done by police
from date of announcement of date of polling.
7. Formation of Interim Government: We propose that an interim government should be formed
at least 3 months before the election as it will help us to ensure that the elections are
conducted freely, and not dominated by the decisions of any particular party which is in
power. This Interim Govt. Will consist of chief justice of India and chief justice of all high
courts, and all political members shall be freed from their duties.
4. Election Observers : By encouraging observers, we believe that mal practices to some extent
can be brought down. These observers will consist of people from local administration, govt
school teachers, retired civil servant/judges, and Certain NGO’s. These Observers will be given
special training and will have power to complain the commission on any matter they deem
important. The total cost of training will be paid by the contingency fund and the election
commission budget jointly.
5. Disqualification of MP’s: As soon as any MP is Booked under any article of a Serious crime such
as MCOCA,GANGSTER ACT, etc their post and candidature should be immediately scrapped
and until the final verdict is announced, the Booked MP should not be allowed to re contest
elections
6. Bigger Role of State Police Forces: We Believe that the state police should be given more
powers to operate during the election time. They should be transferred to other districts
during elections and duty of banning liquor and other substances should be done by police
from date of announcement of date of polling.
7. Formation of Interim Government: We propose that an interim government should be formed
at least 3 months before the election as it will help us to ensure that the elections are
conducted freely, and not dominated by the decisions of any particular party which is in
power. This Interim Govt. Will consist of chief justice of India and chief justice of all high
courts, and all political members shall be freed from their duties.

9. 8. E-voting system : We propose that in this tech savvy, 21st century, the voting style
should change and a new system of online voting should be implemented, which will
provide ease and convenience to the public , especially the working class residing in
urban areas, who do not go out to vote due to paucity of time and do not wish to
stand in lines at polling stations. We propose to have the voting linked with AADHAR
Cards, as each individual will have a unique code assigned to them and voting shall be
conducted using the code and a special password, designed for one time use and will
be generated by election commission before the elections. This step shall help the
people to cast their vote while sitting at home, and ensure that misuse of the
technology is not feasible. This step shall require creation and linking of voters
database to AADHAR system, which shall be funded as an one time expenditure by
the govt, which is already spending on AADHAR project. Further, we propose that
people wishing to use online voting system shall be charged a nominal fee. This step
will require a full time technical support team, which might be under National Data
Centre, a wing of govt of India. This system will be easily sustainable as no extra man
power is required and financial help can be arranged from the govt and AADHAR
Project plus the fee collected from general Public.
8. E-voting system : We propose that in this tech savvy, 21st century, the voting style
should change and a new system of online voting should be implemented, which will
provide ease and convenience to the public , especially the working class residing in
urban areas, who do not go out to vote due to paucity of time and do not wish to
stand in lines at polling stations. We propose to have the voting linked with AADHAR
Cards, as each individual will have a unique code assigned to them and voting shall be
conducted using the code and a special password, designed for one time use and will
be generated by election commission before the elections. This step shall help the
people to cast their vote while sitting at home, and ensure that misuse of the
technology is not feasible. This step shall require creation and linking of voters
database to AADHAR system, which shall be funded as an one time expenditure by
the govt, which is already spending on AADHAR project. Further, we propose that
people wishing to use online voting system shall be charged a nominal fee. This step
will require a full time technical support team, which might be under National Data
Centre, a wing of govt of India. This system will be easily sustainable as no extra man
power is required and financial help can be arranged from the govt and AADHAR
Project plus the fee collected from general Public.

11.  The estimated spending of the candidates should go down. By ensuring financing of elections by the
commission, a fair ground in term of money will be established and everyone will get a fair share, with no
one able to use extra influence of money in the elections. This solution can be easily implemented and is
sustainable to the extent that only the work of financing will be handled by the commission.
 The Auditing will happen on basis of current price levels, and any surplus will be immediately informed to the
election commission. This Auditing concept will require the cooperation of CAG, and ensure that only the
sum allotted by the commission is only utilised and no extra influence using money can be played with. This
proposal can easily sustain as the bodies involved are under the govt. And no extra cost will be incurred in
the process, rather it will ensure that undue influence of money is curtailed. The audited accounts can be
accessed by general public, and if it is ensured that only the allotted sum is used, the influence of personal
wealth will be nullified.
 By having elections in all zones successively followed by the central elections, it can be ensured that the
burden of holding elections and arranging for required resources round the clock if finished. Also, with
successive elections, the extra companies of security forces deployed can be rotated easily. This solution can
be implemented as it shall help in reducing election expenditure and people can vote at nearby dates, which
further increases the voting percentage.
 By allowing the system of E-voting , the total numbers of votes being casted will go up considerably, resulting
in the people using their right and chances of bogus voting, influenced voting and/or voting only by selected
individuals, resulting in a better system of governance chances of deserving candidates goes up.
 The estimated spending of the candidates should go down. By ensuring financing of elections by the
commission, a fair ground in term of money will be established and everyone will get a fair share, with no
one able to use extra influence of money in the elections. This solution can be easily implemented and is
sustainable to the extent that only the work of financing will be handled by the commission.
 The Auditing will happen on basis of current price levels, and any surplus will be immediately informed to the
election commission. This Auditing concept will require the cooperation of CAG, and ensure that only the
sum allotted by the commission is only utilised and no extra influence using money can be played with. This
proposal can easily sustain as the bodies involved are under the govt. And no extra cost will be incurred in
the process, rather it will ensure that undue influence of money is curtailed. The audited accounts can be
accessed by general public, and if it is ensured that only the allotted sum is used, the influence of personal
wealth will be nullified.
 By having elections in all zones successively followed by the central elections, it can be ensured that the
burden of holding elections and arranging for required resources round the clock if finished. Also, with
successive elections, the extra companies of security forces deployed can be rotated easily. This solution can
be implemented as it shall help in reducing election expenditure and people can vote at nearby dates, which
further increases the voting percentage.
 By allowing the system of E-voting , the total numbers of votes being casted will go up considerably, resulting
in the people using their right and chances of bogus voting, influenced voting and/or voting only by selected
individuals, resulting in a better system of governance chances of deserving candidates goes up.

12. • The concept of election observers will help us in keeping a closer check to the political campaign of the
candidates. These observers, consisting of local administration & other departments will be trained and
will have the power to raise any violation related issue directly to the commission. These observers will
be present at all rallies and will prepare the report of the activities carried out by the candidates. This
proposals will stand all criticism as human resource available is used and only cost on their training is
incurred, which , will help in stopping the election related mal practices.
• keeping in mind the recent Supreme Court Judgement, the proposal of disqualifying MP’s booked under
serious charges will hold good. This practice will ensure that people with criminal background and having
muscle power cannot threaten the general public and win over every time. Further this step will ensure
that good people sit in the parliament and there shall be no criminalisation. This proposal does not
requires any extra human or financial costs, and can be implemented without any hustle.
• By giving a bigger role to local police, it can be ensured that the nexus of politicians and law enforcers
do not work during the elections and with a new transferred force along with additional deployment of
Security Forces , no Illegal or Banned acts take place. This step can be implemented without any hustle as
forces will be transferred deployed in phases and does not requires additional man power and minimum
financial cost.
• We firmly believe that with formation of an interim govt, the scope of misuse of power or influence of
ruling party can be cut down very easily. This step requires only establishment of an interim, non political
govt, which will ensure that all codes are strictly followed. This step will minimum funding from the
consolidated funds of India, and this govt will be from existing part of legal functionaries.
• The concept of election observers will help us in keeping a closer check to the political campaign of the
candidates. These observers, consisting of local administration & other departments will be trained and
will have the power to raise any violation related issue directly to the commission. These observers will
be present at all rallies and will prepare the report of the activities carried out by the candidates. This
proposals will stand all criticism as human resource available is used and only cost on their training is
incurred, which , will help in stopping the election related mal practices.
• keeping in mind the recent Supreme Court Judgement, the proposal of disqualifying MP’s booked under
serious charges will hold good. This practice will ensure that people with criminal background and having
muscle power cannot threaten the general public and win over every time. Further this step will ensure
that good people sit in the parliament and there shall be no criminalisation. This proposal does not
requires any extra human or financial costs, and can be implemented without any hustle.
• By giving a bigger role to local police, it can be ensured that the nexus of politicians and law enforcers
do not work during the elections and with a new transferred force along with additional deployment of
Security Forces , no Illegal or Banned acts take place. This step can be implemented without any hustle as
forces will be transferred deployed in phases and does not requires additional man power and minimum
financial cost.
• We firmly believe that with formation of an interim govt, the scope of misuse of power or influence of
ruling party can be cut down very easily. This step requires only establishment of an interim, non political
govt, which will ensure that all codes are strictly followed. This step will minimum funding from the
consolidated funds of India, and this govt will be from existing part of legal functionaries.

14.  Economic Challenges:
(i) Funding for the election commission: The Corporate houses may not be willing to fund the election
commission as they have certain intentions attached while providing sources to the political parties. They
may be reluctant in funding.
(ii) Share from taxes: The Govt may be reluctant in providing any additional funds to the election
commission from its resources as these may be required for other projects. The tax payer may also
resent the idea his money being used for election purposes.
 Political Challenges
(i) Refusal by Parties: The parties may turn down the idea of having the elections funded by the Election
Commission and even have there accounts audited by CAG. This step in a way restricts candidates from
using their personal resources and influence the elections, as now, all candidates, irrespective of their
party will have to compete in an open, free field.
(ii) Against Disqualification Law : MP’s will not support the law of disqualification as nearly 1/3rd of MP’s
have criminal charges against them, and if they are disqualified, they cannot influence the probe or use
politics as an hideout from the punishment.
 Social Challenges:
(i) People may not accept the new system: Stereo type people may not appreciate the new system of
elections and may still wish for old system, where controlling measures were less.
(ii) Lower income group may not approve: The poor people of the society may not appreciate the new
system as earlier, they used to earn for their vote. All that mattered to them was money, and they were
willing to sell off their votes.
 Economic Challenges:
(i) Funding for the election commission: The Corporate houses may not be willing to fund the election
commission as they have certain intentions attached while providing sources to the political parties. They
may be reluctant in funding.
(ii) Share from taxes: The Govt may be reluctant in providing any additional funds to the election
commission from its resources as these may be required for other projects. The tax payer may also
resent the idea his money being used for election purposes.
 Political Challenges
(i) Refusal by Parties: The parties may turn down the idea of having the elections funded by the Election
Commission and even have there accounts audited by CAG. This step in a way restricts candidates from
using their personal resources and influence the elections, as now, all candidates, irrespective of their
party will have to compete in an open, free field.
(ii) Against Disqualification Law : MP’s will not support the law of disqualification as nearly 1/3rd of MP’s
have criminal charges against them, and if they are disqualified, they cannot influence the probe or use
politics as an hideout from the punishment.
 Social Challenges:
(i) People may not accept the new system: Stereo type people may not appreciate the new system of
elections and may still wish for old system, where controlling measures were less.
(ii) Lower income group may not approve: The poor people of the society may not appreciate the new
system as earlier, they used to earn for their vote. All that mattered to them was money, and they were
willing to sell off their votes.

15.  Funding: The chief source of funding for parties are corporate houses. Hence, we will bring it that no
donations to be made to political parties and all funding related to elections have to be via the election
commission of India
 Tax Sharing: The govt should save a share of taxes each year and add on to a reserve which shall be
utilised after every 5 years. Since this fund will be used only once in 5 years, the idea should be
successfully implemented.
 Refusal by Parties : As a Democracy, we must strive for free and fair elections, which are the lifeline.
Hence, if required, an amendment or law can be made making it compulsory to use this mechanism.
Further, we expect the parties to wilfully agree to this mechanism as it is in the benefit of the nation.
 Disqualification law: The main idea behind this law is to ensure criminal free parliament and politics.
Hence, we demand a Case Law on this issue to be established and under the direct supervision of
supreme court, the booked MP’s to be immediately disqualified.
 People resentment: Since this mechanism and reforms shall be brought to help the general public at
large, hence a bit of education and advertisement of this reforms shall be able to bring change in peoples
perspective
 Lower Income Group: Since these people were voting only for money, the govt should ensure that jobs
are available for all and a campaign to make people aware regarding their rights and the power of their
votes can change and bring this issue to an end.
 Funding: The chief source of funding for parties are corporate houses. Hence, we will bring it that no
donations to be made to political parties and all funding related to elections have to be via the election
commission of India
 Tax Sharing: The govt should save a share of taxes each year and add on to a reserve which shall be
utilised after every 5 years. Since this fund will be used only once in 5 years, the idea should be
successfully implemented.
 Refusal by Parties : As a Democracy, we must strive for free and fair elections, which are the lifeline.
Hence, if required, an amendment or law can be made making it compulsory to use this mechanism.
Further, we expect the parties to wilfully agree to this mechanism as it is in the benefit of the nation.
 Disqualification law: The main idea behind this law is to ensure criminal free parliament and politics.
Hence, we demand a Case Law on this issue to be established and under the direct supervision of
supreme court, the booked MP’s to be immediately disqualified.
 People resentment: Since this mechanism and reforms shall be brought to help the general public at
large, hence a bit of education and advertisement of this reforms shall be able to bring change in peoples
perspective
 Lower Income Group: Since these people were voting only for money, the govt should ensure that jobs
are available for all and a campaign to make people aware regarding their rights and the power of their
votes can change and bring this issue to an end.

16.  Association for Democratic reforms
 www.en.wikipedia.org
 www.eci.nic.in
 Articles:
1. 300 crorepati MPs as House gets richer(The Times of India 18th may, 2009)
2. Financing Indian Elections Turns Costlier and Murkier(The NYTimes, 5th June
2013)
3.How do Parties collect money(rediff.com, 24th march 2004)
4. Rediff.com » Election » Indian MPs worth over Rs 3,000 crore
5. Crime money and winnability( ADR)
6. ‘Role of Money Power in Elections” on 8th August, 2009 organised by Kerala
Journalists’ Union, Palakkad, Kerala
 Proposed Electoral Reforms( Justice Markendaya Katju, The Hindu)
 4th report of 2nd Administrative Reforms Commission
 Indian Politics- For the rich and powerful
 Association for Democratic reforms
 www.en.wikipedia.org
 www.eci.nic.in
 Articles:
1. 300 crorepati MPs as House gets richer(The Times of India 18th may, 2009)
2. Financing Indian Elections Turns Costlier and Murkier(The NYTimes, 5th June
2013)
3.How do Parties collect money(rediff.com, 24th march 2004)
4. Rediff.com » Election » Indian MPs worth over Rs 3,000 crore
5. Crime money and winnability( ADR)
6. ‘Role of Money Power in Elections” on 8th August, 2009 organised by Kerala
Journalists’ Union, Palakkad, Kerala
 Proposed Electoral Reforms( Justice Markendaya Katju, The Hindu)
 4th report of 2nd Administrative Reforms Commission
 Indian Politics- For the rich and powerful