ulterior political gains. Nevertheless, the secular fabric of the Constitution has been
able to withstand such temporary but periodic dangers posed by non-secular deeds
promoted by certain political parties or sections of society.
The Indian constitution firmly institutionalises parliamentary democracy. It not
only provides for adult suffrage on the principle of equality^23 and guarantees
political freedoms to citizens as FRs, but also establishes an independent Election
Commission to ensure free and fair periodic elections.^24 The Constitution also
reserves a certain percentage of seats in legislative bodies as well as inpanchayats
(village-level governance bodies) and municipalities for the Scheduled Castes (SCs)
and Scheduled Tribes (STs) in order to ensure that various disadvantaged sections
of society get their share in the decision-making process.^25 Since 1992 , 33 per cent
of the total number of seats have been reserved for women inpanchayatsand
municipalities,^26 while a constitutional amendment to have a similar reservation
for women in legislative bodies is currently being considered by the parliament.
27
Several problems engulf democracy in India, e.g. corruption, violence, criminal-
isation, caste- and religion-based politics, opportunistic political defections, unpar-
liamentarily behaviour, (mis)use of official position and black money in election
campaigns, lack of internal democracy within parties, and general lack of account-
ability of elected representatives – thus justifying demands for substantive electoral
reform.
28
Despite these shortcomings, India, unlike its peers in South Asia, has been
able to stay on the democracy road with the exception of a short period in the mid-
1970 s.
29
Democracy, which is now part of the basic structure of the Constitution,
30
has been taken to the grass roots since the introduction ofpanchayatsand munici-
palities by the 73 rd and 74 th constitutional amendments in 1992. The Constitution
deserves some credit for being able to keep people, parties and governments sticking
to democratic traditions. It is no small achievement that regular elections, albeit not
(^23) The Constitution of India, Arts. 325 and 326. The right to vote has been held to be merely a
legal right and not a fundamental or constitutional right.A.C. Pradhanv.Union of India
( 1997 ) 6 SCC 1.
(^24) The Constitution of India, Art. 324.
(^25) The Constitution of India, Arts. 243 D, 243 T, 330 and 332.
(^26) The Constitution of India, Arts. 243 D( 3 ) and 243 T( 3 ).
(^27) In March 2010 , the Rajya Sabha, the upper house of the parliament, passed the Constitution
( 108 th Amendment) Bill providing for such reservation. ‘Rajya Sabha passes Women’s
Reservation Bill’,Times of India, 9 March 2010 ,http://articles.timesofindia.indiatimes.
com/ 2010 - 03 - 09 /india/ 28137030 _ 1 _unruly-scenes-women-s-reservation-bill-constitution-
amendment-bill.
(^28) Soutik Biswas, ‘Why India is in dire need of electoral reform’, BBC News, 28 June 2011 ,
http://www.bbc.co.uk/news/world-south-asia- 13692575. See also Election Commission of India,
‘Proposed electoral reforms’, 2004 ,http://eci.nic.in/eci_main/PROPOSED_ELECTORAL_
REFORMS.pdf; Law Commission of India, ‘ 170 th report on reform of electoral laws’, 1999 ,
http://www.lawcommissionofindia.nic.in/lc 170 .htm.
(^29) On 26 June 1975 , a national emergency, which lasted up to March 1977 , was imposed
which is widely regarded as black day for Indian democracy.
(^30) Indira Gandhiv.Raj NarianAIR 1975 SC 2299 ;Kihoto Hollohanv.ZachillhuAIR 1993 SC 412.