Electoral Malpractices

Electoral Malpractices

Electoral fraud is illegal interference with the process of an election. Acts of fraud affect vote counts to bring about an election result, whether by increasing the vote share of the favored candidate, depressing the vote share of the rival candidates, or both. Many kinds of election fraud are outlawed in electoral legislation, but others are in violation of general laws, such as those banning assault, harassment or libel. Although technically the term 'electoral fraud' covers only those acts which are illegal, the term is sometimes used to describe acts which are legal but nevertheless considered morally unacceptable, outside the spirit of electoral laws, or in violation of the principles of democracy. Show elections, in which only one candidate can win, are sometimes considered to be electoral fraud, although they may comply with the law.

The Election System: Structural Problems

India is a Republic composed of 28 States and 7 Union Territories and governed by the constitution adopted in 1950. The Parliament consisting of the Upper House with 245 members and the Lower House with 545 members is the supreme law making body. The Lower House members are directly elected through universal adult franchise every five years unless the government loses its majority and mid-term elections have to be called. A similar structure exists at the State level where the Chief Minister and the Council of Ministers reign supreme. A three-tiered Panchayati Raj System, consisting of the zilla parishad at the district level, the panchayat samiti at the block level, and the gram panchayat at the village level, has been regularized as small administrative units. On the basis of the 74th constitutional amendment, municipal bodies have been similarly regularized and the competitive election system has been extended to these grass-roots levels also.

The Constitution of India has vested in the Election Commission of India the superintendence, direction and...