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Election/Reforms/PArliament (Model Code of Conduct Guidelines by EC …
Election/Reforms/PArliament
Criminalisation of Politics
Reasons
Inherent weakness and delays in criminal justice system
Low conviction rates
Nexus bn criminals and politicians
First past the post system and weak laws
Decline in value system of society, illiteracy and poverty
More winnability of criminal candidate
Current
ADR's data: 187 LS MP's face criminal charges
SC Reforms-
'Judicial Activism'
ADR, 2002: Criminal antecedents, educational qualification, and personal assets of a candidate to be declared
PUCL, 2013: NOTA as an option
Lok Prahari, 2018: Source of income of candidates, spouse and dependents
2014: Sc to trial courts- dispose of criminal cases involving legislators within an year
Lily Thomas, 2013: Disqualification of legislature immediately after conviction - Sec 8(4) of RPA,51 as ultra vires - earlier member can appeal within 3 months
2018: Court refused to bar politicians with pending criminal cases to contest elections but asked political parties to public criminal antecedents on website
Steps by centre
Electoral bonds
Cash donation only < 2k
Amendment to FCRA,2010
Way ahead and Suggestions
Transparency in political party functioning
Intra- Party Democracy
Debar convicted politicians to hold posts in any political party
Bring them under RTI Act
Transparency in funding
Fast track courts for cases against legislators
ECI Recommendations
FPTP replaced by 2-ballot system- Even by LCI, NCRWC, 2nd ARC
Disqualification even if chargesheet filed in serious offences and if guilt found by a commission of enquiry
ECI should be authorised to de-register parties that don't contest elections
Simultaneous Elections
Proxy Voting
Funding of Political Parties
Constitution A-324 to 328
A- 326: Adult Suffrage
All >18yrs can be voters except those disqualified by Parliament by law on 4 conditions
Unsound Mind
Criminal Conviction
Illegal or corrupt practices
Non Residence
A-327
Parliament by law can regulate
Elections to both houses of Parliament and State legislature
Enacted RPA's
Preparation of electoral rolls
Enacted RPA's
Delimitation of Constituencies
Delimitation Acts are passed from time to time
A-325: Universal Suffrage
Religion, Race, Caste, sex or any of them can't be a reason for ineligibility for inclusion in electoral rolls.
Prevents communal electorates, separate electorates etc, -> Only general electorate
A-328
State by law can provide for Regulation of election to State legislatures if there is no Parliamentary law or such law is insufficient
No law made
A-329: Bar to interference of courts in electoral matters
In delimitation exercise of constituencies
Parliament or state legislature by law can provide for manner of filing election dispute petition
In RPA,1951 dispute petition related to Parliament or state leg can be filed before concerned HC
only after declaration of official results
Thus entire election process is only controlled by ECI
Article 324: ECI
General
Right to vote includes Rt to
Subscribe to nomination of candidates
Contest Election
Vote
NRI's given Rt to vote in 2010-2011
ECI DONE
Constitutional Provisions: A-324
Appointment
President
Role
Preparation of Electoral rolls and conduct to election of both houses of Parliament and state legislature, President , Vice President
1 CEC+ EC's as per law
President can appoint Regional Commissioners from time to time
Removal
CEC: Similar to SC judge
EC's: On Recomm. of CEC
Service conditions can't be changed to disadvantage after election
Statutory provisions:
Election Commission Act, 1991
Rank of EC's as judge of SC and equal power to all in decision making
Term
6yrs/65yrs
Number
1CEC + <=4 EC's
Reappointment
Not allowed, EC can be promoted to CEC provided 6yrs are not breached
Reforms to Strengthen
Fixing number of EC's
Removal of EC's should be similar to CEC
Shall not be allowed to contest election for 10 years
Appointment should be by a panel(similar to CVC)
SC on ECI
ECI reservoir of power and has unlimited powers and is only bound by-
Law
Court order
Constitution
PNJ
State funding of Elections
+ves
Curb unaccounted sources of funding leading to reduced violence, black money and corruption
Reduce influence of vested business interests in policy making
-ves
Way ahead
Model Code of Conduct
Guidelines by EC
First in 1971
Announcement of schedule till declaration of results
Not enforceable but used by SC to arrive at results
Apply to every stakeholder
Govt can't announce any welfare scheme
Comes into force when legislative assemblies are dissolved prematurely.
To ensure
Free and fair elections
Ruling party doesn't misuse its official power
Maintain law and order
Level playing field for all parties
1st time 1960 - kerala elections
in present form from 1991
Legal status?
For
Parliamentary Standing Committee on Law and Justice, 2013 - As already some provisions have statutory backing
Appeal only after election result against the order of returning officer if nomination rejected
Against
Exposing entire election process to needless litigation
Power goes to judiciary- not swift
Parliament