CHAPTER - XII
ELECTORAL REFORMS
12.1 In 1990, a Committee headed by late Shri Dinesh Goswami made a number of proposals on electoral reforms. A number of recommendations of the Committee have since been given effect to with the enactment of the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, 1991 and the Representation of the People (Amendment) Act, 1996. The main recommendations of the Committee alongwith their present status are given in Appendix-XI. The important proposals given effect to by the aforesaid 1996 Amendment Act is at Appendix-XII. Recently, the Representation of the People (Amendment) Act, 1998 was enacted to amplify section 159 of the Representation of the People Act, 1951 to enable the Election Commission of India to deploy employees of public sector undertakings and autonomous bodies which are wholly or substantially funded by the Government, for election duties.
12.2 The United Front Government had identified a set of 24 proposals on electoral reforms. The gist of these proposals is at Appendix-XIII. These proposals mainly consisted of unimplemented recommendations of the Dinesh Goswami Committee. That Government had also discussed those proposals with political parties in four meetings held in between August 1996 and July 1997. The United Front Government was also separately considering certain proposals for strengthening section 8 of the Representation of the People Act, 1951 to bar criminals from contesting elections. No final decision, however, could be taken by that Government in respect of any of those proposals.
12.3 The National Agenda for Governance of the present Government mandated introduction of necessary electoral reforms on the basis of the recommendations of Dinesh Goswami Committee and, accordingly, the present Government took up on priority basis consideration of unimplemented recommendations of Dinesh Goswami Committee. As the set of 24 proposals which was under consideration of previous Government mainly contained unimplemented recommendations of Dinesh Goswami Committee, at the initiative of the Home Minister, a meeting of leaders of various political parties was held on 22nd May, 1998 to discuss afresh those proposals. The gist of the decisions taken at the aforesaid meeting of political parties is given in the Appendix-XIV. Pursuant to a decision taken at the said meeting, a High Powered Committee under the Chairmanship of Shri Indrajit Gupta, Member of Parliament, has been constituted to suggest concrete measures for providing State funding to recognized political parties. the Committee would also consider the related proposals pertaining to maintenance of accounts by political parties and audit thereof, ban on donations by companies to political parties, inclusion of expenses of political parties in the election expenses of candidates for the purposes of ceiling on election expenses and empowering of Election Commission of India to fix ceiling on election expenses before every general election.
12.4 The Election Commission of India has given its detailed views on the set of proposals which are presently being discussed with political parties. In addition, the Election Commission has also made certain other proposals. The views of the Election commission on the set of proposals and its other proposals can be seen at Appendix-XV.
12.5. Proposals for strengthening Section 8 of the Representation of the People Act, 1951 to check criminals from contesting elections are as under:
(i) At present, while under sub-sections (2) and (3) of Section 8, a person gets disqualified from the date of his conviction and he continues to be disqualified for a further period of six years since his release, on the other hand, under sub section(1), a person is disqualified for a period of six years from the date of his conviction. It is proposed that in sub-section (1) also, the disqualification may start from the date of conviction and the person may continue to be disqualified for a further period of specified number of years since his release, to bring this sub-section in conformity with sub-sections (2) and (3). The Election Commission has recommended that the disqualification in all cases should start from the date of conviction and period of disqualification should be the period of sentence and an additional six years thereafter.
(ii) In sub sections (1) to (3) of section 8, the period of disqualification of the person may be enhanced from the existing six years to a suitable period. A person may be disqualified either for life or for a suitable enhanced period, say for fifteen years.
(iii) In sub section (3), the present period of 'not less than two years' be reduced to 'not less than one year' so that any person convicted for any offence and sentenced to imprisonment for not less than one year gets disqualified. This may cover most of the serious criminal offences. the Election Commission has recommended that clauses (2) and (3) of section 8 of the Representation of the People Act, 1951 be put together, simplified and the minimum sentence reduced from two years to six months.
(iv) Sub section (4) which at present provides that disqualification will not take effect in case of a person who on the date of the conviction is a Member of Parliament or the Legislature of a State till three months have elapsed from that date or, if within that period, an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed off by the Court, may be deleted so that all persons are brought within the ambit of Section 8.
(v) An explanation may be inserted to clarify that notwithstanding the suspension of the conviction and release of conviction on bail in an appeal to a higher court, the convicted person shall incur the disqualification in section 8 unless conviction itself is set aside in the appeal.
(vi) The nomination paper of a candidate may seek details of previous convictions/pending charges/pending cases, etc. in respect of the candidate.
12.6 It is proposed to discuss aforesaid proposals for strengthening section 8, alongwith other proposals, in the next round of discussion with political parties which would be held after the report of the Indrajit Gupta is received.
12.7 Members of Armed Forces have so far choice to vote either in person or through postal ballot. With the reduction in minimum campaign period from 20 days to 14 days, it was felt that to ensure full participation of members of armed forces etc. in electoral process, they may be provided facility to vote through proxy also. The Government has accordingly decided to give an additional choice to members of Armed Forces etc. to vote by proxy, if they so wish. the Election Laws (Amendment) Bill, 1998, to give effect to this decision, has already been introduced in Lok Sabha.
Salient Features of the Constitution (52nd Amendment) Act, 1985
12.8 The Tenth Schedule to the Constitution of India was incorporated by the Constitution (52nd Amendment) Act, 1985. It came into force w.e.f. 1.3.1985. The legislative intent behind the enactment was to curb and control the menace of crossing of the floor by the elected representatives of the people in legislatures. The broad outlines of the Anti-Defection law as contained in the 10th Schedule or the Constitution are summarised below:-
(i) A member would be disqualified for being a member of the House concerned if (a) he voluntarily gives up his membership of his political party and (b) if he votes or abstains from voting contrary to any direction (whip) issued by his political party without obtaining prior permission of the party or his voting or abstention had not been condoned within 15 days from the date of his voting.
(2) The Speaker or Chairman is made the arbitrator in deciding the question of disqualification under the law. (The provision to oust Court's jurisdiction in the matter has been struck down by the Supreme Court).
(3) The Provision would apply to independent members also.
(4) A nominated member who is not a member of any political party on the date of his nomination would be escaping disqualification only if he joins a political party before the expiry of six months.
(5) The provisions would not apply to members if they constitute a group representing a faction arising out of split provided the said group consists of not less than 1/3rd of the total membership of the legislature party.
(6) The provisions of disqualification would also not apply to members if they become members of a party brought about by merger of his original party and another party provided 2/3rd of the party agreed to such merger. This exemption would also apply to members who opted to function as a separate group not accepting the merger.
12.9. Under para (7) of the 10th Schedule there was a bar on jurisdiction of courts in respect of any matter connected with the disqualification of a member of a House. The Supreme court, however, in the case of Kihota Hollohon vs. Zachilhu and others by a majority judgement have struck down said para as invalid. The implications of the judgement is that the decisions of the Presiding Officer can be scrutinised by the Courts.
12.10 Demands have been made, from time to time, for strengthening the Anti-defection law on the ground that it has not been able to achieve the desired goal of checking defection. It has been criticised on the ground that it allows bulk defections while declaring individual defection as illegal. On the other hand, the law has also been criticised on the ground that it makes serious inroad into basic powers, privileges and immunities of members in regard to freedom of speech, freedom of action, which includes freedom of vote also.
Party position in Lok Sabha and Rajya Sabha
12.11 The party position in Lok Sabha and Rajya Sabha at the time of constitution of various Lok Sabhas since 1952 to 1998 is at Appendix-XVI.