APPENDIX-XI

(Vide Para 12.1)

 

 

MAIN RECOMMENDATIONS OF THE COMMITTEE ON ELECTORAL REFORMS AND THEIR PRESENT STATUS

 

 

1.                  The Election Commission should be a three member body.

2.                  The appointment of Chief Election Commissioner should be in consultation with the Chief Justice of India and to Leader of the Opposition.  The  Chief Election Commissioner should be consulted for appointment of other Members. %

3.                  The tenure of the Chief Election Commissioner and other Election Commissioners should be for a term of five years or sixtyfive years of age, whichever is later and they should in no case continue in office beyond sixtyfive years and for more than ten years in all. **

4.                  The Chief Election Commissioner and the Election Commissioners should be made ineligible not only for any appointment under the Government but also to any office including the office of Governor. %          

5.                  A fresh delimitation on the basis of 1981 census. Rotation of seats reserved for Scheduled Castes.%

6.                  Introduction of multi-purpose photo identity cards. ***

7.                  No individual to be allowed to contest from more than two constituencies.$

8.                  Non-serious candidates to be discouraged.  Security deposit of independent candidates to be raised.$

8A.     Forfeiture of security deposit for failure to secure less than 1/4th of the votes polled.%

9.                  Stature backing for important provisions of model code of conduct.@

10.              Use of electronic voting machines in all future elections.

11.              A series of legislative measures to be undertaken to eradicate booth capturing, rigging and intimidation of voters. $

12.              State funding in kind to a limited extent to recognized political parties to begin with. %

13.              Playing of automobiles, carrying of firearms, sale and distribution of  liquor on poll  day to be electoral offences.$

14.              Disqualification under Anti-defection law to be restricted to voluntary resignation and voting or abstention against party whip only in the case of vote of confidence, money bill or vote of thanks to the President.  President or Governor to decide the issue of disqualification after obtaining the Election Commission's opinion. %

15.              Constitution of an expert Committee to go further into the question of change of the present electoral system.%

16.              A Standing Committee to the Parliament to go into all electoral matters.%

17.              The expenditure of the Commission should continue to be 'voted'.%

18.              Punishment for breach of official duty in connection with preparation, revision etc., of electoral roll to be made more stringent.$

19.              Candidates of recognized political parties to be arranged above other candidates in the ballot paper. $

20.              Statutory status to Commission's Observers and empowering them to stop counting of votes in certain situations.$

21.              Empowering Election Commission to countermand an election or order a repoll in entire constituency or part thereof even otherwise than on a report from the Returning Officer.%

22.              Amplification of offence of booth capturing, making it cognizable and more stringent for Government servants.$

23.              Bye-elections should be held within a period of six months of the occurrence of the vacancy.$

24.              No countermanding of an election in case of death of an independent candidate.$$

25.              Enhancement of punishment for disturbances at election meetings.$

26.              Prohibition of public meetings or procession in connection with an election during a period of 48 hours ending with hour fixed for the conclusion of the poll.$

27.              Enhancement of the penalty for illegal hiring or procuring of conveyances for free conveyance of the voters to any polling station.$

28.              Prohibition on any person other than authorized persons going armed within the neighbourhood  of polling station.$

29.              Amendment to section 135 of the Representation of the People Act, 1951. $

30.              Grant of paid holiday to employees of any industrial undertaking or establishment on the day of poll. $

31.              No spirituous, fermented or intoxicating liquors or other substances to be sold, given or distributed at a hotel, eating house etc. within a polling area on a polling day.$

32.              Conviction under section 2  and 3 of the Prevention of Insults to National Honour Act, 1971 to lead  to disqualification for a period of six years from the date of such conviction.$

33.              Restoration of pre-1974 position in respect of ceiling on election expenses.

 

*The Election Commission was made a three-member body with effect from 1.10.1993.

 

**The CEC and other Election Commissioners (Conditions of Service) Amendment Act, 1994 provides that the tenure of the CEC and other Election Commissioners would be for six years or sixty-five years of age whichever is earlier. 

 

*** The Scheme of issuance of photo identity cards to voters has been accepted by Government.

 

@ Specific provision was inserted in March, 1992 in the Representation of the People Act, 1951.  To empower the Commission to use EVMs at election.  Use of Electronic Vote Machines in selected constituencies was made during Assembly elections held in November, 1998.

 

$ These recommendations have been given effect to by the Representation of People (Amendment) Act, 1996.

 

$$        The Representation of the People (Amendment) Act, 1996 provides for non-countermanding of an election in case of death of any candidate.

 

%         No final decision has been taken.

 

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