Author(s): Zainab Gazala Sheikh and Ms. Sunita

Abstract: “Government of the people, by the people, and for the people is democracy” and “People have a say in élections. It should be up to them to make the decision”.These two remarks by Abraham Lincoln doesn’t “t” appear to fit in with today's scenario, in which democracy's Tue essence is under attack. India being the world's largest democracy and we also have the honneur of hosting the world's largest democratic élections in history. In India, élections are celebrated as the "Grand Festival of Democracy.However, in a country where élections are so important, there are some aspects of politics in India that make it a dirty game and spoil the essence of democracy as many corrupt practices are involved during the process1.Elections in a constitutional democracy provide a means of determining the public’s opinion on the country’s government. In a representative democracy, election is the act of the people choosing a candidate for a public office based on their free choice. The word election comes from the Latin word “legers”, which means “to choose”2.The foundation of democracy is strengthened by free and fair elections. They are a pre-requisite for a lively, alive, and true democracy, which necessitates the establishment of a separate, independent, and powerful body to hold, supervise, direct, and conduct elections. Political liberty and equality are linked to the concept of a free and fair election. In election concerns, "free and fair" means that no one is enslaved to another, and that no one's personal rights, social and political liberty, free thinking, and choices are subjected to legal constraints. While exercising his right to vote, one is not subjected to excessive influence from party discipline, religion, caste, creed, sex, language, or corrupt practices, among other things. As a result, the foundations of a democratic form of government are free and fair elections.Justice HR. Khanna remarked in “Indira Nehru Gandhi v. Raj Narain”3 that "the notion of free and fair election is an important postulate of democracy, which is a component of the basic framework of the Constitution of India". This prompts us to examine the Constitution's provisions in light of accepted norms of free and fair elections.

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