Analysis Of Laws And Policies Addressing Political Conduct In India
- IJLLR Journal
- May 11
- 3 min read
Updated: May 15
Vivek Jain, Research Scholar, Law School And Jurisprudence, Glocal University, Saharanpur (Uttar Pradesh).
Dr. Reshma Tahir, Asst. Prof. (Research Supervisor), Law School And Jurisprudence, Glocal University, Saharanpur (Uttar Pradesh).
ABSTRACT
India, the world’s largest democracy, has developed an intricate legal framework to address the challenges of regulating political conduct and maintaining the integrity of its political system. Given India’s vast population, diverse cultures, and complex social dynamics, creating a transparent, fair, and accountable political landscape is a continual endeavour. The foundational principles guiding this framework are laid out in the Constitution of India, supplemented by statutory laws and policies that aim to curb political corruption, ensure ethical conduct, and uphold democratic values.
A central pillar of India’s political regulation is the Representation of the People Act, 1951 (RPA), which governs various aspects of elections, including candidate eligibility, disqualification criteria, and election-related offenses. The Act also mandates transparency in campaign finance, requiring candidates and parties to disclose funding sources. Despite these provisions, gaps remain, particularly with regard to regulating donations from corporate entities and foreign sources, raising concerns about the influence of money in politics. Recent amendments to the RPA have focused on enhancing accountability, yet enforcement challenges persist, particularly in addressing undeclared sources of campaign funding and expenditure.
Another key instrument in regulating political conduct is the Anti-Defection Law, added as the Tenth Schedule to the Constitution in 1985. This law was introduced to curb the increasing trend of elected representatives switching political parties post-election, often in pursuit of personal gains. The Anti- Defection Law mandates that legislators who defect from their parties may lose their seats unless a significant portion of the party supports the defection. While this law addresses the issue of political stability, critics argue that it undermines democratic principles by restricting legislators’ ability to vote freely on policy matters. In practice, the Anti-Defection Law has often led to judicial interventions, with courts playing a vital role in interpreting its provisions in specific cases, thereby setting crucial precedents for maintaining political integrity.
The Election Commission of India (ECI) also plays a central role in overseeing political conduct through the Model Code of Conduct (MCC), a set of guidelines issued to ensure ethical behaviour by political parties and candidates during elections. The MCC, though not legally binding, covers areas such as the use of public resources for campaign purposes, hate speech, and the announcement of policy measures aimed at influencing voters. While the MCC serves as an essential tool for promoting fairness during election campaigns, its voluntary nature has often limited its impact. Despite the ECI’s authority to issue reprimands and enforce some level of compliance, the lack of binding legal consequences often hampers the MCC’s effectiveness in deterring unethical conduct.
Political corruption and the criminalization of politics are critical issues in the Indian political system. A significant number of elected representatives in India face criminal charges, including severe offenses. Although the Supreme Court of India has mandated that candidates with criminal charges disclose their backgrounds, the lack of a uniform mechanism to prevent individuals with serious charges from contesting elections remains a challenge. The introduction of policies encouraging self-regulation by political parties in fielding candidates with clean records has had limited success, and calls for comprehensive legislative reform to address criminalization in politics are growing.
The issue of campaign finance reform is another area that requires urgent attention. In recent years, the introduction of electoral bonds—a form of anonymous donation to political parties—has sparked debate. Proponents argue that electoral bonds enhance transparency in political funding, while critics contend that they allow for untraceable financial influence, thus exacerbating political corruption. This lack of transparency in campaign finance has led to public demands for stricter regulations, and civil society organizations have pushed for reforms to increase oversight and accountability.
In conclusion, India’s legal and policy framework for regulating political conduct is multifaceted, involving constitutional provisions, statutory laws, and regulatory bodies. While these measures address several aspects of political transparency and ethical conduct, gaps remain in enforcement and in dealing with evolving political challenges, such as social media manipulation and digital campaign finance. Strengthening these frameworks is essential for fostering a democratic process that aligns with India’s constitutional values. This article, therefore, provides a comprehensive analysis of existing laws and policies, assessing their efficacy and underscoring the pressing need for reforms to address contemporary issues in India’s political landscape.
Keywords: Political Conduct, India, Representation of the People Act, AntiDefection Law, Election Commission, Campaign Finance, Political Corruption, Model Code of Conduct, Electoral Reforms, Criminalization of Politics.
