The electoral processes in Pakistan and India, two of south Asia’s biggest democracies, bear the politics, laws and bureaucratic functioning of both the nations. These processes are essential in the operation of the two democracies with the governments being voted to represent the citizens. Each country possesses its separate institution to supervise and conduct the elections, which are Election Commission of Pakistan (ECP) and Election Commission of India (ECI) with the goal of maintaining principles of democracy such as; free and fair systems. These electoral processes have constitutional basis as enshrined in each country’s constitution then backed by other legal instruments necessary for effecting the constitution such as the Representation of the People Act in the two countries.
Moreover, the numerous election types conducted in each country include general, state/provincial and the local body elections that display different cycles and techniques. Though India has gone more electronic in voting and is using Electronic Voting Machines (EVMs) and Voter-verified paper audit trail (VVPAT) systems, Pakistan is still confined to the use of paper ballots and is only in the stage of discussing extension of these electronic makeovers. Some changes that have occurred in the two countries are as follows: The electoral system of both countries has undergone reform to eliminate electoral malpractice, embrace innovations in technology, and reformSystems’ integrity. This cross-country comparison provides a brief look into the Pakistani and Indian electoral systems, thus striving to compare and contrast the two countries and highlight some of the most significant characteristics of their democracies.
In Pakistan specifically there are legal instruments that regulate the electoral process and include the Constitution of Pakistan, The Representation of the People Act of 1976 and related regulations. The ECP is an independent institution which supervises and conducts the election and ensures that the whole process is transparent. It is also charged with the responsibility of compiling and revising the voting register, demarcating electoral areas, and installing polling stations. The ECP is also vested with the responsibility of the surveillance of campaign activities, the enforcement of the legal provisions as far as election campaigns are concerned and handling of any complaints from the public. Even though there are rising political instabilities and security threats, the initiatives undertaken by the ECP are important in enhancing the election success rate in Pakistan.
Similarly, India’s electoral system has also been bifurcated but it has its own mechanism due to the diversities in the country. The laws of the India Constitution and the Representation of the People Act 1951 are the main laws that govern the electoral process, the requirements for membership to the Parliament and the state legislatures, preparation of the electoral list and the election. The ECI, being an independent constitutional body, is entrusted with the task of the organisation of the election to the Parliament, state assemblies and the President and Vice President. The ECI also deals with the electoral roll, appointment of officials, and observing financial and campaigning conducts of political parties. The implementation of improved technologies such as the EVMs and the VVPAT system has offered an added credence to credibility in the election process which is a stewardship of the ECI.
In Pakistan, elections are held in two types of general seats for the National Assembly and Provincial Assembly and Senate elections as well as Local Government elections. National elections are held after five years, and representatives are chosen based on the FIRST-PAST-THE-POST system. The senate election is also a parallel one which is conducted every third year to fill half of the senate’s members. Semi-annual or annual, the local government elections depend on provinces and can involve choosing mayors or councillors and other regional officers. These polls facilitate representation at different strata of governance.
India conducts various elections and they include the General election for the Lok Sabha, State election for the sabhas, Rajya Sabha election, and Local body election. Biannual parliamentary general elections are held every five years for election of members through First-Past-The-Post system. The Rajya Sabha members are also appointed by direct elections from the state legislative assemblies. The State level assembly is known as Vidhan Sabhas and the elections are also conducted to form them and the local body elections that occur every five years give the public representation at a local level.
The system of the election followed in Pakistan includes registration of voters, the eligibility of the candidates and the selection of presidential campaigning and the use of paper ballots for voting. This is because the ECP guarantees openness and equity in efficiency when using NICs in voter registration, declaration of electoral results, and many others. Some of the requirements include door-to-door verification, nomination papers scrutiny and some very rigid regulations in the campaigns. During election day, voters exercise their vote individually, this is followed by counting at the polling stations, final aggregation being done by the ECP.
The electoral process in India encompasses the registration of voters, the nomination of candidates, controlled and licit political campaigning, electronic voting machines (EVMs), and the recently introduced voter-verifiable paper audit trail (VVPAT). The ECI monitors the process; it compiles the electoral roll; it scrutinises the nomination papers; and monitors all thematic campaigns. EVMs facilitate voting and create more order than the traditional forms of voting while VVPAT systems are used to provide a paper form of voting for endorsement. The voting process is automated and the ECI releases the tally immediately online.
Some of the recent trends in the Pakistani electoral system are the debates on the uses of EVMs and Biometric verification to ensure fair electoral commission without deception, however the use of EVMs has not been initiated yet. Reforms are focused on the aspiration of the real changes in the OERS with the intention in its modernization the provisions of biometric verification, voters’ disenfranchisement, and electoral fraud. The reported targets of activity encompass the continued reinforcement of legal provisions for elections, the increasing of ECP capacity, and the raising of the level of voter education.
India has deployed VVPAT alongside EVM machines in polls with the aim of increasing transparency in the exercise. Discussions regarding, ‘One Nation, One Election,’ to hold the parliamentary and the state assembly polls collectively, tend to cut costs; however, raise questions about federalism. Measures that were being taken to curb the spread of fake news regarding elections have been deployed mostly due to the social media factor. The utilisation of VVPAT systems by the ECI affirms; critiques on simultaneous polls; and false information sharing demonstrates the continuous efforts to enhance the mechanism of elections.
Currently, both Pakistan and India conduct free and fair elections, by having independent commissions responsible for conducting the elections, effective legal frameworks guiding the electoral processes, and frequent legal reforms meant to improve the electoral practices. In the case of India, the expansion has been rather progressive as it transitions toward electronic voting technology, whereas Pakistan is just beginning to introduce similar advancements. These two examples clearly show that both nations strive to improve their status in the elections they hold; Due to the numerous challenges which they continue to face as they endeavour to maintain the democratic values in their respective countries. This comparative analysis shows that certain aspects of electoral fairness are different in each country, and it underlines the necessity to view these processes within a wider context of each country’s democratisation process.
Author is an independent writer affiliated with Quaid-e-Azam University Islamabad. He can be reached at darwaish319@gmail.com