The first instance of booth capturing in India was recorded in the 1957 Bihar general assembly election, which stained the democratic election process. Not only booth capturing but voter intimidation, ballot suffering and other such malpractice activities also challenged the credibility and fairness of the electoral process in Bihar at that time.
This out-of-control electoral fraud during the 1957 Bihar elections highlighted an urgent need for legal safeguards to protect the democratic principles of free and fair elections. Since then, India has evolved a strong legal framework to protect the electoral process. Central to this framework is the Basic Structure Doctrine, a judicial principle that ensures the integrity and fairness of elections.
This blog highlights the significance of free and fair elections under the Basic Structure Doctrine, its historical evolution, notable case law, and its effectiveness in the current scenario.
What are Free and Fair Elections?
Alright, let's understand by knowing what exactly we mean when we talk about "Free and Fair Elections."
A 'free' election means:-
- All eligible voters have the right to be registered and to vote
- When voters can decide whether or not to vote and to vote freely for the candidate/ party of their choice without fear
- Where voters are confident that who they vote for remains confidential.
A 'fair' election allows:-
- All registered political parties contest elections, campaign for voter support, and hold meetings and rallies, giving them a fair chance to convince voters.
- All voters have an equal opportunity to register, all votes are counted, and the announced results accurately reflect the actual vote totals.
The doctrine mandates that electoral processes must follow constitutional principles, including equality, transparency, and voting rights.
Historical Evolution of the Basic Structure Doctrine
The Basic Structure Doctrine originates from the landmark case of Kesavananda Bharati v. State of Kerala (1973), in which the Supreme Court of India established that certain fundamental features of the Constitution are beyond the Parliament's amending power.
This doctrine ensures the preservation of essential elements such as democracy, secularism, federalism, and the rule of law, forming the core of India's constitutional identity.
According to this doctrine, any amendment that attempts to alter or abolish these basic features is deemed unconstitutional and void.
The Election Case
Through this landmark case, Indira Nehru Gandhi v. Raj Narain, popularly known as the Election case, the Supreme Court held that free and fair elections form part of the basic structure doctrine for the first time.
The facts were such that the Allahabad High Court declared Smt. Indira Gandhi's election was void on the grounds of corrupt practices and banned her from contesting elections for the next six years.
Subsequently, Indira Gandhi filed an appeal before the Supreme Court to re-examine the matter. However, the Court granted a conditional stay allowing Mrs Gandhi to attend parliamentary sessions but prohibited her from participating in debates and voting in the Lok Sabha.
The Emergency (1975)
While the Supreme Court proceedings were ongoing in Smt, in Indira Gandhi's case, a National Emergency on the grounds of internal disturbance was announced in the country.
In the meantime, the parliament passed the 39th Constitutional (Amendment) Act, 1971, by inserting Article 392A and the new Article 71 in the constitution, which resulted in the Supreme Court being barred from interfering in matters of election of the Prime Minister, President, Vice-President and Speaker of the Lok Sabha, thereby nullifying the effect of the Allahabad High Court judgement.
Eventually, the Amendment was constitutionally challenged, contending whether it was permissible to nullify the effect of the judgement and also affect the procedure concerning elections.
The Judgement: Indira Gandhi v. Raj Narain (1975)
"A healthy democracy can only function when there is the possibility of free and fair elections. The impugned amendment destroyed that possibility and therefore violated the basic structure of the Constitution," Justice Mathew said while deciding the case.
The much-awaited judgement was announced in favour of Smt. Indira Gandhi by a majority of 3:2 as Indira Gandhi's election was valid, and she could continue to serve as the Prime Minister. Because the court did not find substantial evidence of election malpractice on her part.
While referring to the tampering of the election process, Justice H.R. Khanna stated that free and fair elections are an integral part of the basic structure of the Indian Constitution.
Through this case, the Supreme Court added a few more elements to the doctrine of basic structure, one of which was democracy, implying free and fair elections.
Elections under the Basic Structure Doctrine
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If you want to read about the Doctrine of Frustration, then click on the link.
Author's Analysis
Cases like Indira Gandhi v. Raj Narain (1975) and Mohinder Singh Gill v. The Chief Election Commissioner (1978) underlined the significance of free and fair elections within the framework of the Basic Structure Doctrine to prevent electoral malpractices and ensure a level playing field for political parties.
In the contemporary context, the Basic Structure Doctrine continues to be a defensive wall against threats to free and fair elections. For example, the recent judgement of a Constitution bench of the Supreme Court that held the Electoral Bonds Scheme unconstitutional was historic, and it helped expand the boundaries of free and fair elections.
In another recent judgement of Kuldeep v. UT Chandigarh, a case of tampering with ballot papers, Chief Justice DY Chandrachud noted that the court has consistently held that free and fair elections are a part of the basic structure of the Constitution.
Thus, the Basic Structure Doctrine's compliance with constitutional principles promotes public trust in democratic institutions.
Conclusion
Free and fair elections are the cornerstone of democracy, and the Basic Structure Doctrine serves as a barricade to protect democratic values. Through consistent judicial scrutiny and compliance with constitutional principles, India can uphold the integrity of its electoral process and strengthen democratic ideals for future generations.