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Law Commission proposes sweeping changes in electoral law

The Law Commission has recommended sweeping changes in electoral laws, including scrapping of explanation-one to Section 77 (1) of the Representation of Peoples Act to make the electoral system more representative, fair and transparent.

The commission, in its 170th report on the reforms of electoral laws, has suggested inclusion of a chapter in the RPA and regulation of the formation and functioning of political parties, particularly to strengthen their internal democracy.

The commission has also examined in depth the need for introducing the list system based on the German model and made recommendations accordingly. The recommendations of the Law Commission will help in arresting and reverse the process of proliferation and splintering of political parties and introducing stability in governance, an official release said.

The law of defections contained in the Tenth Schedule of the Constitution has also been revised and it is now proposed that a pre-election front/coalition of political parties should be treated as a political party for the purpose of Tenth Schedule. The commission has also recommended barring independent candidates from contesting elections to the Lok Sabha and assemblies.

The commission has also suggested that any political party which receives less than five per cent of the total valid votes cast in the general elections to the Lok Sabha or to a state legislative assembly, shall not be entitled to any seat in the Lok Sabha or legislative assembly, even if it wins any seat(s).

The commission has reiterated its proposal to delete explanation one to Section 77(1) of the RPA 1951, which has been strongly criticised in several judgments of the Supreme Court and by discerning persons. The commission has also recommended enactment of provisions, requiring political parties to maintain accounts, have them audited and file them before the Election Commission.

On State funding of political parties, the commission has reiterated the recommendations of the Indrajit Gupta committee report subject to certain changes. Similar provisions are in vogue in several other democratic countries.

The commission has recommended that in case of electoral offences and certain other serious offences, framing of a charge by the court should itself be a ground of disqualification in addition to conviction. Raising of deposits for independents has been considered unnecessary by the commission as it has suggested to bar the independents altogether or obtaining 5 per cent of the total valid votes cast to enable them to get a seat in the Lok Sabha/state legislative assembly.

The commission has proposed an amendment to the relevant provisions of he Criminal Procedure Code, in order to check false complaints. The commission has suggested provisions making it obligatory upon every candidate to declare assets owned by him or her or by his or her spouse and dependent relations and the particulars regarding criminal cases pending against him or her in the nomination paper itself in the interest of transparency.

The commission has also suggested measures for ensuring stability of the government. One of the measures suggested is a new rule, 1998 a, in the rules of procedure and conduct of business for the Lok Sabha. The commission has also stressed the necessity of having one election once in five years for the Lok Sabha as well as state assemblies and made some suggestions in this regard.

The commission has recommended desirability of adopting a rule requiring that only a candidate obtaining 50 per cent (plus one) votes will be declared elected and the holding of 'run-off' election, wherever necessary. The concept of negative vote has also been discussed and recommended for consideration.

Some other important recommendations cover the use of electronic voting machines, terminating the nomination of Anglo-Indian members and restrictions on 'no -confidence motion', in particular requiring the motion to be accompanied by another expressing confidence in a named individual.

UNI

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