Gautam Kashinath Jha, Govindrao Wanjari College of Law RTMNU University, Nagpur
BACKGROUND –
There are many forms of polity in force around the globe. The most popular form of them is democracy. The India is also a representative democracy. Citizens of India elect their representative at regular interval through election. The Constitution of India is the supreme law of land providing provisions regarding elections of various tiers of government.
A constitutional democracy functions effectively only when it is legitimately elected. The one of the feature of the legitimacy is secured when the government is elected by an electoral process which is free and fair. An Electoral process begins upon nomination of candidate and ends upon declaration of result. The Constitution has conferred on the election commission of India the power of supervising , directing and controlling the election process under part 15 Of it.
A candidate requires financial resources for their election campaigning . Generally such financial resources is secured through electoral donation. Generally electoral donations received by political parties are cash based. Such mechanism of receiving cash based donation may infuse black money in the electoral process and consequently influencing free and fair election.
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