Why in the News?

• Frequent disqualifications of candidates on procedural grounds have reignited calls for reforming India’s election nomination process to make it more transparent, fair, and citizen-friendly.

What’s in Today’s Article?

• Election Nominations (Introduction, Legal Framework, Technicalities, Compliance, Global Practices, Way Forward)

Introduction

• India’s electoral process, the cornerstone of the world’s largest democracy, begins long before votes are cast.
• Yet, one of its most undemocratic aspects lies in the nomination scrutiny stage, where candidates can be disqualified on minor procedural grounds.
• From missing signatures to delayed certificates, technicalities often override democratic principles.
• The Representation of the People Act (RPA), 1951, which governs this process, has accumulated layers of procedural rigidity, granting excessive discretion to Returning Officers (ROs).
• Experts now argue that this system needs urgent reform to uphold the spirit of free and fair elections.

The Legal Framework Governing Nominations

• The Representation of the People Act, 1951, along with the Conduct of Elections Rules, 1961, lays down the framework for candidate nominations.

• Section 33 - Specifies eligibility and procedure for filing nominations.
• Section 34 - Mandates security deposits by candidates.
• Section 36 - Grants the Returning Officer power to scrutinise nominations and reject them for “defects of a substantial character.”

• However, the term “substantial character” is undefined, giving ROs sweeping authority.
• Furthermore, Article 329(b) of the Constitution bars judicial review during the election process, meaning any challenge can only be raised after the polls, when the harm is already done.
• This combination of discretionary power and delayed remedy has made the nomination stage a potential chokepoint for political exclusion, often weaponised against opposition candidates.

Procedural Technicalities and Arbitrary Rejections

• Examples across India reveal how technicalities are misused to eliminate candidates even before campaigning begins:

• In Bihar, an RJD candidate was disqualified for leaving a few fields blank in the nomination form.
• In Surat (2024), opposition candidates were rejected after proposers allegedly denied their signatures, leading to an unopposed win for the ruling party.
• In Varanasi (2019), ex-BSF jawan Tej Bahadur Yadav’s nomination was rejected for failing to obtain a certificate within a day.
• In Birbhum, a former IPS officer’s form was invalidated due to a delayed “no-dues” certificate.

• Such rejections are legally valid under the current framework but morally corrosive to democracy. They expose how bureaucratic discretion can effectively curtail voter choice.

The Growing Burden of Compliance

• The Supreme Court’s ruling in Resurgence India v. Election Commission (2013), which mandated detailed affidavits on assets and criminal records, increased procedural complexity.
• Ironically, this created a paradox: false declarations don’t invalidate nominations, but incomplete ones do.
• Thus, a candidate who omits a minor detail in good faith can be rejected, while one who lies outright can remain on the ballot.
• Common procedural traps include:

• The Oath Trap: Candidates must take the oath after filing but before scrutiny—too early or too late renders it invalid.
• The Treasury Trap: Deposits must be made via treasury challans, often disqualifying candidates who pay via incorrect modes or outside the 3 PM filing window.
• The Notarisation Trap: Missing notarization of affidavits leads to automatic rejection.
• The Certificate Trap: Delay in “no-dues” or clearance certificates from government offices can eliminate a candidacy entirely.

• These conditions reward bureaucratic precision over democratic participation, turning the process into a test of procedural compliance rather than popular legitimacy.

Learning from Global Best Practices

• In contrast, other democracies treat election officials as facilitators, not gatekeepers.

• United Kingdom: ROs help candidates correct minor errors before deadlines.
• Canada: Provides a 48-hour window for corrections post-scrutiny.
• Germany: Mandates written notice of deficiencies and opportunities for remedy.
• Australia: Encourages early submission to allow corrections and appeals.

• These systems recognise that elections should promote participation, not exclusion.

Way Forward

• Experts suggest several structural reforms to make the nomination process more democratic and accountable:

• Codify Clear Classification of Defects:
• Technical Errors (missing signatures, blank columns, typos) should not justify rejection.
• Authenticity Issues (disputed signatures, false documents) should require verification.
• Statutory Disqualifications (age, dual citizenship, corruption convictions) should lead to outright disqualification.
• Guarantee a Correction Window:
• ROs should issue a written notice detailing the defect, citing the legal provision violated, and allow 48 hours for rectification.
• Mandate Reasoned Orders:
• Every rejection must include the specific grounds, evidence considered, and justification for why the defect is “substantial.”
• Digital-by-Default System:
• The Election Commission of India (ECI) could develop a unified digital portal integrating voter rolls, affidavit submissions, proposer verification, and deposits.
• A public dashboard could display the nomination status, ensuring transparency and minimising human discretion.