With democracy under threat in Narendra Modi鈥檚 India, how free and fair will this year鈥檚 election聽be?

,

India鈥檚 prime minister, Narendra Modi, is to win reelection when India鈥檚 970 million voters start heading to the polls on April 19 in the country鈥檚 massive, six-week general election.

Modi, who has been prime minister since 2014, has benefited from a , coverage and high economic growth rates.

However, recent polling indicates significant voter over inflation and unemployment. While 44% of want the Modi government to return to power, a sizeable 39% do not want his Bhartiya Janata Party (BJP) to be reelected.

Moreover, Modi鈥檚 election campaign has been tainted by several events in recent weeks:

  • the of a major opposition leader in what his party says was a 鈥渃onspiracy鈥 by Modi鈥檚 government

  • the of the major opposition Congress party over a tax dispute

  • revelations of heavily skewed favouring Modi鈥檚 party.

These incidents have raised concerns about how free and fair India鈥檚 election will actually be.

India鈥檚 democratic decline

For much of its history as an independent state, India has been an electoral democracy, defying political sociologist Seymour Lipset鈥檚 that democratic institutions and cultures usually only thrive in affluent societies.

Barring a period of in the 1970s when elections were suspended, India has met the threshold for free and fair elections throughout its history.

Voter turnout in elections has typically been high, at around 70%. A complex has also been put in place to ensure electoral integrity, involving:

  • phased voting over a number of weeks

  • a governing how parties and candidates must behave in elections

  • travelling electoral and security officials to oversee the voting process and reach all voters

  • the implementation of an to prevent electoral fraud.

Since 2018, however, there has been a steep decline in the quality of India鈥檚 electoral democracy. The V-Dem Institute, which tracks democratic freedom around the globe, now considers India to be an , which means it still holds regular elections but its government is increasingly autocratic.

V-Dem also says India does not have sufficient safeguards in place to ensure free and fair elections.

What makes elections free and fair?

To safeguard electoral integrity, governments must ensure the free participation of all parties and voters in elections and maintain an independent election commission. All candidates must have equal access to the media, which should act as a watchdog. Incumbents should not have a large financial advantage over opponents.

These norms of have been endorsed in numerous and codes of conduct, treaties and protocols around the world.

However, the world is experiencing a , and is on the rise.

Of particular concern is that results in the lack of a level playing field. This involves political financing that favours one party over others, the political persecution of opposition politicians and journalists, media dominance by incumbents and the erosion of independent electoral institutions.

An uneven political financing system

On February 15, an opaque system of political financing introduced under the Modi government in 2017 was by the Supreme Court. In this 鈥渆lectoral bonds鈥 system, individuals and companies were permitted to make unlimited and anonymous donations to political parties through the purchase of bonds from the State Bank of India.

The Supreme Court ordered the release of the names of donors and recipients despite from the bank.

These data revealed Modi鈥檚 BJP as the of hundreds of millions of dollars of donations by corporations and individuals since 2019.

Thirty-three corporations donated electoral bonds worth more than their profits, raising questions about the true source of these funds. And three-quarters of these went to the BJP.

corporate donors were also found to have purchased electoral bonds after India鈥檚 Enforcement Directorate, which investigates economic crimes, and the Tax Department launched investigations against them for money laundering and tax violations.

In addition, Indian media reported that companies donating large amounts to the BJP were later major government contracts.

Targeting the opposition

Opposition leaders allege the Modi government is also misusing state agencies to target them.

For instance, a media report revealed that 95% of investigations by the Enforcement Directorate since the BJP came into power in 2014 have focused on the . There has also been a five-fold in the number of money laundering investigations by the body since 2014.

The Enforcement Directorate has been unable to prove most of these cases. In fact, it has a less than a 0.5% conviction dating back to 2005.

Modi has accusations he has used the body to target the opposition. However, Indian media have found corruption investigations involving 23 of 25 opposition politicians were shelved after they to the BJP.

In recent days, a popular opposition leader and anti-corruption campaigner, Delhi Chief Minister , was also jailed on allegations he received kickbacks from the Delhi government鈥檚 attempt to privatise the liquor industry. The Enforcement Directorate has yet to provide evidence of his guilt.

Monitoring the election

Once considered a robustly independent institution, the Indian Election Commission鈥檚 reputation has been tarnished by questions about its .

It has failed to adequately address criticisms of its weakening of verification processes in the , as well as allegations of voter suppression of , and .

Indian democracy is not, however, dying in darkness. While the Supreme Court鈥檚 independence has been , its persistence in challenging the government on the issue of electoral bonds provides some reassurance that it has not yet become an 鈥渆xecutive court鈥.

Despite being subjected to tax , and , independent journalists and media organisations continue to hold the government to account. They have their resources to investigate the electoral bonds scandal and provide critical in the recent election, which the BJP lost.

The electoral bonds scandal also came to light thanks to the dogged efforts of 鈥渞ight to information鈥 (RTI) in the face of efforts by the government to the RTI Act.

And though YouTube has emerged as source of and , it has also been a venue for journalists and influencers to provide and on the government. A video by a popular young influencer, Dhruv Rathee, accusing Modi of cultivating a recently went viral with 25 million views.

Meanwhile, a new citizens鈥 initiative, the is issuing weekly bulletins documenting violations of the Model Code of Conduct, media bias and voter exclusion.

If India is the 鈥渕other of democracy鈥, as likes to claim, it is this unbowed civil society that will ensure its survival. The Conversation

, Associate Professor, International Politics,

Tagged in policy matters, The Conversation