Theme : Introduction of Electoral Reforms to reduce the influence of money and muscle power in elections.

Reforming The Reforms

Prashant Bhanawat

Kritika Jalan Pooja Karadgi

Shrey Bhat Vishwa Tanna

INTRODUCTION

Electoral Reform is not an uncharted cognitive territory in contemporary India.

Ever since the beginning of electoral politics, in the fifties, and particularly the last two decades, this theme has been subjected to a lot of debate.

The first four decades of electoral democracy have left a legacy worth upholding and fighting for. At the same time, the recent growth in electoral malpractices and the fact that none of the serious proposals for electoral reform have ever got implemented have kept the issue alive.

The idea of electoral reforms serves as a vehicle for two opposite political urges. One is radical democratic yearning for an alternative kind of politics, for overhauling the existing political establishment and for infusing democratic content into the formal institution of democracy. The other is middle class will to unlimited power unmediated by the tedious process of democracy.

We, as a responsible citizens of our nation, present a few solutions that could be implemented in order to minimize the wrongful conduct of the contenders and nullify the effect of money and muscle power in the election process of our government.

State Funding

In contemporary India, election has become an industry full of Black Money and thus to help a common man fight the

election, new concept of State Funding has been thought of.

• The Government must finance the individual candidate’s election campaign.

• All accounts of political parties must be subjected to sate audit and published for public information.

• This solution has been implemented in West Germany and Japan.

• Alternative solution can be National election fund in which company, corporate, NGO etc can donate. This wealth will then be distributed among all the parties.

PROPOSED SOLUTION

Delay in Disposal of Election Petition

There are large no. of cases across the country in which the trial on Election petitions goes on for years. In some cases it lasts as

long as 5yrs(Tenure of elected political party).

• Special Judges should be appointed for Election petitions in High courts and

Supreme Courts.

• Specials Tribunals or bench should be established for the hearing of election petitions.

• Retired Judges of the High court should be appointed ad hoc in sufficient numbers such that quicker disposal of election petitions can take place.

• There should be no appeal as of right to the Supreme Court from the High Court’s order on election petitions. A party wanting to appeal to the Supreme Court may apply for SLP( Special leave petition) under Article 136 of Indian Constitution.

e.g. - R.S. Raja Kannappan vs P. Chidambaram case in Madras High court

PROPOSED SOLUTION

Misuse of Govt. Machinery and Power

During elections, the party currently in power misuses government assets like broadcasting on government owned television channels, the power to transfer the officers etc.

• A month or two before elections, no member of the Govt. should be given

time either on radio or television.

• During the aforesaid period, no police officers above the level of head constable and no revenue officer of class 1 and class 2 should be transferred from his post.

• Section 100(1) of RPA should be amended such that, in case of Govt. machinery misuse, court can declare election invalid in that constituency.

• Political party and candidate should be bound by act such that during election they should not make any donation to Public Institution.

PROPOSED SOLUTION

Booth Capturing

Nexus between Police, Local Mafia and Politician is the major cause of this problem.

• In order to prevent booth capturing, the Election officer should designate a

Magistrate who would have responsibility of dealing with cases of coercion before and during the Polling.

• Election commission should be empowered to countermand the election due to booth capturing, even otherwise that on the report of the Returning officer.

• Under Section 58(A) of RPA, Election Commission should be authorized to take decision regarding Booth capturing on the report of Returning Officer.

PROPOSED SOLUTION

Criminalization of Politics Out of 543 MPs, 162 are having criminal charges on them, 14% of total are

facing heinous charges like murder, rapes etc. and in states like Jharkhand and Bihar, the problem presently is at alarming stage.

• Disqualification of those charged with serious offenses and de-recognition of parties putting up such candidates: Once charge relating to certain crimes have been framed by court against a person, he should not be permitted to contest election unless cleared.

• Speedy trial for the candidates by special courts.

• At present, a rapist convicted and sentenced for 10 years is disqualified only for 6 years. Provision should be made such that if any person convicted and sentenced for more than 6 month should be debarred from contesting election, for a period totaling the sentence imposed plus additional six years.

• Caste and Communal Violence Statutory provision should be made prescribing imprisonment and disqualification for spreading caste or communal hatred during election campaigns. (Allahabad High court Judgment on restricting caste rallies in UP should be applied over entire country by a Constitutional law.)

• Special Courts could be constituted at High court level such that their decisions are appealable to Supreme Court.

• The information given in the affidavits of the candidates on criminal charges, assets etc. should be verified by an independent central authority in a time bound manner.

• Supreme Court Judgment in Lily Thomas versus Union of India case on Section 8(4), Representation of People’s Act should not be overruled by any constitutional Amendment.

PROPOSED SOLUTION

Money Power

Since last two decades, money is playing an overpowering role in elections, and hence urgently needs amendments.

• Every registered political party should publish its account annually and

these should be audited by agencies specified by the Commission.

• Accounts of political party should be open for Public scrutiny.

• Under section 2(h)(ii), all Political parties should be declared as Public authority.

• Donations to the political parties should be made by cheque and Demand draft only.

• The Provision which prevents the Political party to disclose their donation under 20K should be amended.

PROPOSED SOLUTION

• Non- maintenance of the true accounts of Election expenses or not filing of its true copy within the prescribed time and manner should be punishable with imprisonment and fine. On conviction the candidate should be disqualified for a period of 6 years.

• The political parties as well as individual candidates should be made subject to proper statutory audit of amount spent. These accounts should be monitored through a system of checking and cross checking through the income tax returned by candidates.

• There should be deletion of Explanation (1) to Section 77 of the RPA, so that expenses incurred by the political party and the friends of a candidate are considered part of his or her election expenses. It is also suggested that the E.C. be vested with legal powers to supervise, verify and investigate the election expenses of candidates and initiate legal action if they exceed the prescribed limits. State funding of elections, with sufficient safeguards, will offer a level playing field to those seeking to contest elections without money power.

PROPOSED SOLUTION

Miscellaneous

• Voters Councils consisting of Social workers or Retired Army men, non party person in each constituency, whose function will be to educate the electorate on matters relating to election, to be set up.

• The campaign period should be reduced from 20 days to 10 days to bring down Election expenses and for better law and order condition.

PROPOSED SOLUTION

For the same reason old shoes are comfortable and new ones pinch, changes are stoutly

resisted. At the same time, old shoes cannot last forever. So, new ones are necessary even if they pinch a little till we get accustomed to them. The

suggestions presented may pinch a little here and there at the beginning, but ultimately, they

promise to serve well.

Conclusion

References

• www.google.com

• NCRCW Repot

• Takurande committee’s report on Electoral reform

• Electoral reforms in India by B. Venkatesh Kumar

• Constitution of India by Subhash C Kashyap

• http://adrindia.org/

• Goswami committee Report

• Vohra committee Report

• Election commission report on Electoral Reform.