Free and fair elections
Topic: Elections and the Electoral System · NCERT: Class 8, Ch 5 "Universal Franchise and India's Electoral System"; Class 9, Ch 7 "Elections"; Class 11, Ch 3 "Election and Representation"
Meaning
Free and fair elections are elections in which every adult can vote without pressure or fear. Candidates compete on equal terms, and a neutral body runs the voting and counting. In India the Election Commission (Art. 324) plays this neutral role. The Supreme Court has held that free and fair elections are part of the basic structure, the core of the Constitution that even an amendment cannot destroy.
Example
In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down Art. 329A(4), which the 39th Amendment had added. The clause tried to put the Prime Minister's election beyond any court challenge. The Court held that this destroyed free and fair elections.
Don't confuse with
- Holding elections: even non-democratic governments hold polls. An election counts as free and fair only if it also has open voting rights, a fair contest and neutral supervision.
Related concepts
- Direct election
- Indirect election
- Universal adult franchise
- 61st Constitutional Amendment Act 1988
- Right to vote
- Secret ballot