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2007 Assessment

India: Integrity Indicators Scorecard

India: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	100
19	Are elections systems transparent and effective?	92

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments: The Election Commission of India has been given the responisbility for the superintendence and conduct of the elections. It has asserted its independence, especially since the 1990s. It was originally a single-member commission and became a multi-member commission in 1993. It now has a chief election commissioner (CEC) and two election commissioners (EC) and all decisions are arrived at by a majority. The CEC and EC's are appointed by the president on the advice of the Council of Ministers. There has been a suggestion that the process of recommending the names of the CEC and EC's to the president should be more broad-based and not left only to the ruling party/coalition. This has, however, not yet been implemented. As a result, in recent times there have been some controversies relating to an election commissioner on the Election Commission with a major opposition party demanding his resignation/removal on the ground that he is not impartial and lacks integrity. The issue is today in the courts with a battle on jurisdiction being waged.

References: www.eci.gov.in;

Article 324 of the constitution;

Report of the Commission on the review of the working of the commission: www.nic.in

Peer Review Comments: Agree with the score, but comments are not relevant to the question.

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments: The Commission is largely insulated from political interference. If there were wider consultation in the process of appointing the CEC and EC, the independence and impartiality would be more transparent and beyond controversy. This is being mentioned especially in the light of recent controversies.

References: Article 324 of the constitution;

Relevant laws - Representation of People's Act 1951, 1952

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments: The Commission is mainly insulated from political interference. If there were wider consultation in the process of appointing the CEC and EC, the independence and impartiality would be more transparent.

References: www.eci.gov.in;

www.timesofindia.com;

www.expressindia.com

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments: The Election Commission has a full-time staff at the headquarters and draws the personnel who work with them at the time of elections from the government service. While on election duty, they are directly accountable to the Election Commission and not to the government. This system has worked reasonably well and experience has shown that officers on election duty demonstrate primary accountability to the Election Commission.

References: www.eci.gov.in

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments: The Election Commission submits a report once every five years, or after an election, to the lower house of the Indian Parliament (Lok Sabha). It is a public document open to any citizen to access.

References: www.eci.gov.in;

www.parliamentofindia.nic.in

Peer Review Comments: The election results are also available on the Election Commission of India's Web site. This is an important development.

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments: The Election Commission (EC) has quasi-judicial functions. Under the law, the EC can disqualify a candidate who has not filed an account of election expenditure within the time limit prescribed. Cases involving malpractice often come up before the EC and it is empowered to make decisions on whether a person should be disqualified and for what time period. The EC also has an advisory role and is consulted by the president when important decisions relating to the disqualification of elected representatives are to be taken.

References: Representation of Peoples Act 1950, 1951;

www.eci.gov.in

Peer Review Comments: The penalties are of a restricted nature. The election commission does not have judicial powers. The penalty provision is often in the jurisdiction of the judiciary. Its work is seldom prompt.

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments: The government in India takes the responsibility to register eligible voters at periodic intervals. Despite the best efforts to ensure that all eligible voters are included, there have been reports of omission and addition. While there are opportunities for individuals to verify whether their names are listed on the voters list, it may often be inaccessible or prospective voters are not sufficiently motivated to check. As a result, on election day some voters realize that their names are not on the electoral roll. It could be argued that ensuring authenticity of the voters list involves multiple players. Firstly, it involves interest on the part of the citizens. To be fair to the government, efforts are made to publicize any effort/ move to register voters and correct errors. Citizens are provided an opportunity to verify the lists. These lists are today on the Web site in the regional language. Secondly, it involves the state machinery. There are those rare cases of the voters list having been manipulated to serve partisan ends. Given the fact that these lists are today in the public domain, it immediately invites reactions. Finally, NGO's are today playing a major role, especially in some urban areas, to ensure that the voters list are free of errors.

References: www.janaagraha.org;

www.eci.gov.in

Peer Review Comments: The electoral rolls are supposed to be available to every citizen. But this does not happen for various reasons. Although the rolls in some cases are available on the Internet, the Web sites are not user-friendly.

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments: The law permits recourse to the legal system if there is any contention to the fairness of the election process.

References: Representation of Peoples Act 1951, 1952

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments: There are clear procedures for a candidate who suspects foul play or unfairness at any stage of the electoral process to seek judicial remedy. The results have often been contested in the courts, and often the court has declared a seat vacant when they have been convinced of the genuineness of a complaint. However, there is a feeling that the process is excruciatingly slow and the relief often comes very late.

References: Representation of Peoples Act 1951; www.eci.gov.in

Peer Review Comments: Although provision exists, pursuing it legally is difficult. Indian judiciary is notorious for its slow and poor delivery.

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments: The election process is known to be insulated from the military and security forces. It must be noted that the Election Commission can request the services of the paramilitary forces in order to ensure a free and fair election.

References: Representation of Peoples Act 1951; www.timesofindia.com;

www.hinduonline.com

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments: In recent times, independent citizen groups have been monitoring the fairness of the election process. The media have also played a major role in this regard. International observers have also been observing the electoral process.

References: www.eci.gov.in

Peer Review Comments: Domestic and international observers are allowed, but only as observers and not to monitor the elections. Monitoring is the function of the Election Commission of India.

Peer Review Comments: In fact, senior civil servants are also deputized by the government as election observers.

Peer Review Comments: There is, however, resistance to international observers in such states as Jammu and Kashmir or in the Northeast.

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

References: www.hinduonline.com;

www.janaagraha.com;

www.eci.gov.in

Peer Review Comments: My earlier reply is valid here also: Domestic and international observers are allowed, but only as observers and not to monitor the elections. Monitoring is the function of the Election Commission of India.