2. 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.
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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
9. • 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
10. 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
11. 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
12. 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.
