Election Finance as a Challenge to Democracy in India: Legal, Policy, and Institutional Challenges and Responses

Jasmine Joseph; Daniel Mathew

doi:10.5771/0506-7286-2018-4-456

Contents
- Chapter Expand | CollapseAuthorsPage
- Titelei/Inhaltsverzeichnis
- 415–498 Abhandlungen / Articles 415–498
  - 415–436 Constitutional Paternalism: The Israeli Supreme Court as Guardian of the Knesset Yaniv Roznai Yaniv Roznai 415–436
  - 437–455 Big Brother is Watching the Court: Effects of TV Broadcasting on Judicial Deliberation Virgílio Afonso da Silva Virgílio Afonso da Silva 437–455
  - 456–477 Election Finance as a Challenge to Democracy in India: Legal, Policy, and Institutional Challenges and Responses Jasmine Joseph, Daniel Mathew Jasmine Joseph, Daniel Mathew 456–477
  - 478–498 The Influence of Public Outrage on Law Making: The Example of Indian Rape Cases Tamara Abdelwahed, Stella Gaumert, Laura Konrad Tamara Abdelwahed, Stella Gaumert, Laura Konrad 478–498
- 499–513 Berichte / Reports 499–513
  - Gendered Decision Making: The Engagement of the Supreme Court of India with International Norms in the area of women’s rights Garima Tiwari Garima Tiwari
- 514–523 Buchbesprechungen / Book Reviews 514–523
  - 514–520 Muhammad-Basheer A. Ismail: Islamic Law and Transnational Diplomatic Law, A Quest for Complementarity in Divergent Legal Theories Aurora Sanchez Palacio Aurora Sanchez Palacio 514–520
  - 521–523 Verena Frey, Konflikttransformation durch Verfassungsdialoge Katrin Merhof Katrin Merhof 521–523
- 524–536 Bibliographie / Bibliography 524–536
  - 524–524 RECHT UND ENTWICKLUNG ALLGEMEIN / LAW AND DEVELOPMENT IN GENERAL 524–524
  - 524–526 AFRIKA /AFRICA 524–526
  - 527–530 ASIEN /ASIA 527–530
  - 530–531 LATEINAMERIKA / LATIN AMERICA 530–531
  - 532–534 NAHER UND MITTLERER OSTEN / NEAR AND MIDDLE EAST 532–534
  - 535–535 Call for Papers 535–535
  - 536–536 Impressum 536–536
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VRÜ Verfassung und Recht in Übersee , page 456 - 477

Election Finance as a Challenge to Democracy in India: Legal, Policy, and Institutional Challenges and Responses

Autoren

Jasmine Joseph Daniel Mathew

DOI
- doi.org/10.5771/0506-7286-2018-4-456
- ISSN: 0506-7286
- ISSN online: 2941-9603
Abstract

India has been struggling to regulate campaign finances for long. A more recent addition to the predicament is the phenomenon of ‘paid news’. Different institutions, the Election Commission of India (EC) and the judiciary being the most active among them, have tried to address concerns surrounding campaign finance with mixed results. Despite their efforts, brazen over-spending beyond legislative limits has become the norm. This paper addresses the issue of campaign spending and maps out the legal regime administering it in India. The monitoring of campaign finance is legislatively entrusted with the EC. However, actions of the EC are regularly challenged on the grounds of competency to inquire into the specifics of spending. The Supreme Court of India settled the issue of competence of the EC to investigate into campaign spending in Ashok Chavan v. Dr. Madhavrao Kinhalkar (Civil Appeal 5044 of 2014, SLP (C) No.29882 of 2011) through purposive interpretation of the relevant provisions of Representation of the People Act, 1951. Yet in doing so it arguably stretched itself to find this solution. Locating the power with the EC has raised further concerns pertaining to institutional limitations, procedural lacunae, necessity to have a clearer legal prescription, and natural justice issues. These are matters ideally to be dealt with by the legislature, which perhaps is unlikely given the lethargy of the Indian legislature. The article will help to understand the legal regime in India on regulation of campaign finance, and give a glimpse of how law is interpreted and managed by relevant Indian institutions. This paper also attempts to detail the practicalities of the working of campaign finance regulation in India and the need to revisit the same for achieving the desired objectives.
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