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A Constitutional Analysis Of Political Manifestos With Special Reference To Their Impact On Free And Fair Elections




Jaidev Narasimha, School of Law, CHRIST (Deemed to be University), Bangalore


ABSTRACT


This paper provides a constitutional analysis of political manifestos, with a particular focus on their impact on free and fair elections in India. The role of political manifestos as instruments of voter engagement and electoral strategy is analysed through the lens of the doctrine of legitimate expectation and promissory estoppel to examine their enforceability. Recent judgements including Najma v. Government of NCT of Delhi and the Karnataka High Court’s ruling on Congress’s 2023 “5 Guarantees,” are discussed to illustrate the evolving judicial stance on governance accountability. The paper also highlights the limitations of current legal frameworks, especially under the Representation of the People Act, 1951, and the Election Commission’s Model Code of Conduct- which fail to hold political parties legally responsible for unfulfilled promises. By comparing international approaches, such as those in Mexico and Bhutan, the paper suggests potential reforms that could increase transparency, accountability, and the enforceability of manifestos. Such measures would result in the strengthening the democratic process in India and promote free and fair elections.


Keywords: Political Manifestos, Free and Fair Elections, Legitimate Expectation, Promissory Estoppel, Election Commission, Accountability, Electoral Promises

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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