Free and fair elections

The real test of an election system is whether it ensures a free and fair process, impartial and transparent, letting voters' wishes find legitimate expression.

Universal adult franchise and the right to contest.

• Democracy requires that all adult citizens can vote. In many countries people, especially women, won the vote only after long struggles. India's framers guaranteed it to every adult citizen from the start, showing faith in the worth of all citizens as equals, regardless of education.
• Until 1989, an adult meant someone over 21; an amendment in 1989 lowered the voting age to 18.
• All citizens may contest elections, subject to age limits: at least 25 for the Lok Sabha or an Assembly. A person imprisoned for two years or more for an offence is disqualified. There are no restrictions of income, education, class or gender.

An independent Election Commission. Article 324 gives an independent Election Commission the 'superintendence, direction and control' of electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President. The Supreme Court has confirmed its decisive role. Each state has a Chief Electoral Officer to assist it. It does not run local body elections; State Election Commissions do.

• It may have one member or several. It was single-member until 1989, briefly multi-member around the 1989 elections, and has been multi-member since 1993. The Chief Election Commissioner (CEC) presides but has no more powers than the other Commissioners; they decide collectively.
• They are appointed by the President on the advice of the Council of Ministers, which has led to suggestions that the leader of the opposition and the Chief Justice should be consulted, to prevent partisan appointments.
• Security of tenure: a term of six years or until age 65, whichever is earlier. The CEC can be removed only by the President on the recommendation of both Houses of Parliament by a special majority (two-thirds of those present and voting, and a majority of total membership). Election Commissioners can be removed by the President.

Functions of the Election Commission:

• Supervising preparation of an up-to-date, error-free voters' list.
• Fixing the timing and schedule of elections: notification, nominations, scrutiny, withdrawal, polling, counting and results.
• Taking decisions for a free and fair poll: it can postpone or cancel an election where the atmosphere is vitiated, enforce the model code of conduct for parties and candidates, order a re-poll or a recount.
• Recognising political parties and allotting symbols.
• It has little staff of its own, but once the process begins it has full control over officials on election duty: it can transfer them, stop transfers, or act against them for partisan conduct.
• Over time it has become more independent and assertive, not because its powers grew, but because it began using its existing constitutional powers more effectively. It has conducted seventeen Lok Sabha elections since 1951-52, including in very difficult conditions.

Electoral reforms suggested by the Commission, parties, groups and scholars include: moving from FPTP to some form of PR; ensuring one-third women in Parliament and Assemblies (now provided by law); stricter control of money in elections, perhaps with state funding; barring candidates with criminal cases; banning caste and religious appeals in campaigns; and a law to make parties function transparently and democratically. There is no consensus, and laws alone cannot guarantee fair elections: candidates and parties must accept the spirit of democratic competition, and vigilant citizens and watchdog organisations matter too.

Why the system is respected: it lets voters change governments peacefully; voters participate keenly; it has become more inclusive (though women remain under-represented); malpractice rarely changes outcomes; and elections are now part of everyday democratic life.