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The Constitution Of India And Electoral Reform




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


The Constitution of India represents the supreme legal authority and foundational framework upon which the governance structure of a nation is built. It defines the organization, distribution, and limitations of governmental powers while simultaneously outlining the rights, responsibilities, and liberties of its citizens. Within this broader constitutional context, electoral reform emerges as a crucial component, integral to ensuring the democratic legitimacy and functional integrity of representative institutions. Electoral reform entails a comprehensive review and restructuring of existing electoral systems with the objective of enhancing their transparency, fairness, and operational efficacy. The necessity for such reforms typically stems from observed systemic flaws such as disproportional political representation, manipulation of electoral rolls, malpractices during elections, and growing public distrust in the electoral process. A robust and equitable electoral mechanism is indispensable for the sustenance of democratic governance, as it guarantees that elections are conducted in a manner that is free, fair, and credible, reflecting the genuine will of the people.


Historically, the trajectory of constitutional and electoral reforms has been shaped by evolving legal principles, sociopolitical demands, and judicial interpretations. Various jurisdictions have undergone significant transformations in response to both internal and external pressures for democratic consolidation. This legal discourse entails an examination of key constitutional provisions and judicial pronouncements that have profoundly influenced electoral jurisprudence. In the Indian context, landmark decisions such as Union of India v. Association for Democratic Reforms underscored the importance of electoral transparency and voter information, thereby expanding the scope of fundamental rights under Article 19(1)(a) of the Constitution. Similarly, in Indira Nehru Gandhi v. Raj Narain, the Supreme Court scrutinized the limits of constitutional amendments vis-à-vis the basic structure doctrine, reinforcing the inviolability of democratic processes. In Kuldip Nayar v. Union of India, the Court deliberated on the balance between open ballot voting and secrecy in elections, thereby contributing to the evolution of electoral norms. These cases highlight the pivotal role of the judiciary in safeguarding democratic values and maintaining the sanctity of electoral processes.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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