For cleaner polling, it’s time to push through big bang electoral reforms
Despite inaction and unwillingness of successive governments, the judiciary has initiated electoral reforms, preparing the ground for a bigger overhaul of the poll machinery.
“It needs little argument to hold that the heart of the Parliamentary system is free and fair elections periodically held, based on adult franchise…,” the Supreme Court said in 1977.
Given the diversity of the electorate and the enormity of exercise involved, the Election Commission (EC) has been doing a commendable job of managing elections despite the five-fold increase in the number of voters from 17.32 crore in 1952 to 81.45 crore in 2014.
But there are areas that require reforms. And the EC has a long list it has been pressing for years. Decriminalisation of politics, political parties’ reforms, auditing of parties’ accounts, checking use of black money in polls, making ‘paid news’ an electoral offence, government-sponsored advertisements and punishment for false affidavit by candidates — are a few, besides more powers for EC to regulate the parties’ functioning.
Last month, chief election commissioner Nasim Zaidi cautioned that trust in the electoral system could be affected if these challenges remain unattended. For the first time poll reforms are being raised by the Prime Minister. Narendra Modi has said people have the right to know the source of BJP’s funds.
Fortunately, 2017 has begun on a positive note. The Supreme Court ruled that seeking votes in the name of religion, race, caste, community or language of a candidate, his agent or voter would amount to corrupt practice — a ground to set aside elections. Coming on the eve of polls in five states, the verdict is expected to preempt communal conflagration, particularly in UP. But the Indian electoral system is not only affected by these factors.
Notwithstanding the fact that the system is run by political parties, the Constitution, adopted on January 26, 1950, didn’t even mention them. Under the Representation of People Act, 1951, EC can register parties but cannot deregister them even if they do anything illegal. This has created a situation where the constitutional authority mandated to maintain the sanctity of the poll process feels helpless.
“There are over 1,900 registered political parties in India. Every two days, a political party is registered. They hardly contest elections. Many of them are used as conduits for siphoning off black money,” Zaidi said recently.
Reform proposals
Over the last 25 years, several panels have made suggestions to cleanse the poll process and strengthen the EC: Goswami Committee (1990), Vohra Committee (1993), Indrajit Gupta Committee on State Funding of Elections (1998), Law Commission Report on Reform of the Electoral Laws (1999), EC’s Proposed Electoral Reforms (2004), Second Administrative Reforms Commission (2008).
But these recommendations have never been a priority for governments perhaps because status quo allowed them more leeway to manipulate the system. Despite this, the Commission has been persistent with its agenda for reforms. After much persuasion, it evolved a Model Code of Conduct and parties agreed to abide by it. However, in the absence of any statutory backing, the Code is often violated. AICC Legal Cell secretary KC Mittal noted that the model code ensures a level playing field for every party and candidate.
“More particularly, it is intended to ensure that the ruling party doesn’t abuse its position. That’s why the party in power can’t make announcement of schemes and programmes that can influence voters,” he said, targeting the BJP for advancing the budget date.
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However, BJP spokesperson Nalin Kohli refuted the allegation, saying budget is “merely a statement of accounts of the previous year with plan for the forthcoming year”. Noting that Congress had done this numerous times in the last 50 years, he said by its standard, nothing can happen in India as elections take place multiple times in a year.
In its 255th report submitted to the government in 2015, the poll panel made many suggestions, including the idea of independent secretarial staff. But majority of reforms recommended were related to the functioning of parties, their funding and internal democracy.
Supreme Court’s interventions
All electoral reforms have happened because of the Supreme Court’s interventions. Acting on PILs filed by civil society organisations, the top court has ensured that the poll process is cleansed to the extent possible. In the face of inaction on the part of the government, the SC’s interventions have been welcomed even by critics of judicial activism.
According to Association for Democratic Reforms (ADR), the EC seized around ?300 crore of unaccounted cash and more than 17,000 kg of drugs, and an equally large amount of liquor and arms during the 2014 Lok Sabha polls.
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ADR founding member, Professor Jagdeep Chhokar said that no poll reform will serve any purpose unless the functioning of political parties is regulated and their internal functioning and finances are made democratic. He sought immediate implementation of the law commission’s recommendations, particularly those on political parties.
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