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2007 Assessment

India: Integrity Indicators Scorecard

India: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	100
15	Can all citizens exercise their right to vote?	100
16	Are citizens able to participate equally in the political process?	95

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments: With the inauguration of the Indian Constitution in 1950, every adult citizen in India was guaranteed a right to vote. Initially, an adult implied a person who was above 21 years of age. In 1989, the constitution was amended and the minimum eligibility age was reduced from 21 to 18.

References: Article 326 of the Indian Constitution

Peer Review Comments: Alhough India has universal adult franchise as a constitutional mandate, the recent insistence on voter ID cards for exercising this franchise has resulted in the exclusion of many eligible voters in participating in the electoral process.

In many cases, electoral rolls are incomplete; in many cases, voter ID cards have not been issued. The insistence on this card defeats the constitutional mandate.

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments: The Indian Constitution mandates the maximum term of the elected legislative bodies. In the case of the lower House of the federal Parliament and the lower house of the State Legislative Assemblies it is five years. An independent agency, the Election Commission, is entrusted with the responsibility of conducting the elections. It must be mentioned that the constitution also provides for extending the term of the elected bodies by a year during the proclamation of an emergency. This period may be extended by Parliament for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the proclamation has ceased to operate. As India has adopted the parliamentary form of government, the president (at the federal level) and the governor ( in the state) has the power to prematurely dissolve the House. This in most cases is done on the advice of the Council of Ministers (at each level) when the government wishes to seek a new mandate or when no party is able to provide a stable government in view of the fluidity of the majority in the House.

References: Article 352 of the constitution with regard to extension of the term during an emergency

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments: It is important to note that in India the government takes responsibility for registering voters. At regular intervals there is a door-to-door survey of eligible voters and the voters list is updated. However, studies have found errors (names that should be included, being deleted and those who should be deleted - either due to death or transfer - being included). The errors occur more often in urban areas where there is greater migration and mobility. Photo identification cards have been issued to most voters. There are rare cases of people who are eligible to vote not finding their names on the voters list. However, if these individuals exercised care the opportunities would be available much before the election to verify whether their name is on the voters list. On voting date, there are cases reported of a few voters being prevented from voting. These cases are few and rare.

References: Article 326 of the constitution;

Voting Pattern as delineated in the Web site of the Election Commission of India: www.eci.gov.in;

Survey based studies of elections: www.lokniti.org

Peer Review Comments: The difficulty of getting voter ID cards applies here. In theory citizens are eligible to vote, but not in practice.

Peer Review Comments: However, the onus of ensuring that one's name is in the voter's list always lies with the individual citizen who has to take great pains to enroll to vote.

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: The process has generally been secret and confidential. With the introduction of electronic voting machines in all elections since 2004, the secrecy of the ballot has more or less been fully ensured. Instances of fraud and manipulation are on the decline and the Election Commission is known to order a re-poll in polling booths where malpractices have been detected. Further, to ensure that the area wise-voting pattern is kept secret, during the counting process it is not possible for observers (party sponsored and others) to ascertain which voting machine relates to which area.

References: The Election Commission Web site has details on the impact of election voting machines: www.eci.gov.in;

A Panel discussion at the International Political Science Association held at Fukuoka (Japan) in 2006 focussed attention on the using of electronic voting machines in India: www.ipsa.org

Surveys done in India have also pointed out to the success of Electronic Voting Machines www.lokniti.org

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments: The Election Commission which is entrusted with the conduct of free and fair elections has played an extremely proactive role in this regard and in recent years (especially since the mid-1990s) elections have been held as per a predetermined schedule. This schedule is not prepared at the discretion of the government of the day but by the Election Commission. There have been several instances (dates for the 1999 poll and the 2004 poll) when the government of the day differed from the Election Commission on the polling dates identified, but the decision of the Election Commission prevailed. Most recently in 2007, when the election the Lower House of the State Legislature of the most thickly- populated state in India (Uttar Pradesh) were held, the Election Commission decide to stagger it across several weeks. Many political parties strongly objected to the move, including the government in power in the state. The Commission held firm on the schedule and the elections went strictly as per the schedule. The Election Commission has, on occasion, rescheduled the dates of polls in specific constituencies if and when the need arises, with the sole objective of ensuring a free and fair poll.

References: Election Commission Web site: www.eci.gov.in;

Articles in newspapers around the time of the Uttar Pradesh poll: www.deccanherald.com; www.expressindia.com; www.timesofindia.com

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments: Article 19 of the Indian Constitution guarantees citizens the right to form associations. As part of this right the citizen can form a political party.

References: Article 19 of the Indian Constitution

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments: A review of the last 14 elections to the lower house of the Indian Parliament and a more or less equal number of elections to the lower house of State Legislatures would show that a large number of party-sponsored and independent candidates have contested the election. The constitution mandates the qualification for contesting to the lower house of Parliament and State Legislature. Citizenship is a critierion. There is additionally a minimum age requirement and the person should not hold an office of profit. In 2006, a legislation on what constitutes an office of profit was passed.

In the past, party-sponsored and independent candidates have contested elections. It must be mentioned that in 1996, legislation was brought into force to discourage non-serious, independent candidates from contesting elections. This included listing independent candidates after the names of all registered party candidates on the ballot paper. Subsequent to this change, the number of independent candidates has been drastically reduced.

References: Provisions of the Indian Constitution

Provision of the Representation of Peoples Act;

Provisions of the Office of Profit Act

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

Comments: The large number of political parties registered with the Election Commission is proof of the fact that citizens have exercised the right to form political parties. Section 29 of the Representation of People's Act of 1951 outlines the procedure to be followed by political parties to register with the Election Commission.

References: Article 19 of the constitution;

Election Commission of India: www.eci.gov.in;

Section 29 of the Representation of People's Act 1951

Peer Review Comments: The issue that seems to be missing here is the expensive nature of party formation. Only citizens who have money, social and political influence, and exposure to the rough-and-tumble of politics succeed in forming political parties.

16d: In practice, all citizens can run for political office.

Score:

100

Comments: The eligibility criteria mandates that the candidate must be a citizen and not occupy a private office.

References: Newsreports around the time of the 2004 elections: www.timesofindia.com; www.deccanherald.com;

Election studies: www.lokniti.org

Peer Review Comments: Running for political office is an expensive affair. Not all citizens can do so in practice.

Peer Review Comments: It should be "public office" in the comments.

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments: In recent years, with the rise of coalition politics and governments, the numerical strength of the opposition is often significant in the legislature. To be recognized as a formal opposition party, a political party must not be part of the ruling coalition and must have at least 10 percent of the members of the House. Since 1989, in most legislatures there is a formally recognized opposition party. This was sometimes not the case prior to 1989 when India witnessed a one-party dominant system.

References: www.lokniti.org;