Why delay Electoral Reforms? Electoral Reforms are pending with successive Governments for decades and is haunting Indians as to why reforms are yet to be enacted. Following 13 recommendations are pending consideration:For details: http://eci.nic.in/eci_main/electoral_ref.pdf 1. De-criminalization of politics – Date of proposal – 15th July, 1998. For preventing persons with criminal background from becoming legislators, the Commission has made a proposal for disqualifying (from contesting election) a person against whom charges have been framed by a Court for an offence punishable by imprisonment of 5 years or more. The Commission’s proposal is for disqualification even prior to conviction, provided the court has framed charges. As a precaution against foisting false cases on the eve of election, it has been suggested that only those cases in which charges are framed six months prior to an election should be taken into account for that election. 2. Political parties reforms – • The Commission has suggested that legal provisions be made to regulate the functioning of political parties and the Commission should be empowered to regulate registration as well as de-registration of political parties. – 15th July, 1998. Reiterated in July, 2004 and in March and July, 2006. • The political parties should be legally required to get their accounts audited annually and put in public domain. There should be transparency in the fund raising and expenditure of political parties. Date of proposal – 15th July, 1998, Income tax exemption for donations should be given only for those political parties which contest election and win seats in the Parliament/ State Legislature. – 3rd March, 2006. 3. Misuse of religion for electoral gain – • A Bill was introduced in 1994 [R.P. (second amendment) Bill, 1994], for a proposed amendment providing for provision to question before a High Court, acts of misuse of religion by political parties. The Bill lapsed on the dissolution of the Lok Sabha in 1996. The Commission has proposed that the provision in that Bill should be considered again. –29th January, 2010. 4. Amendment of law to make `paid news’ an electoral offence • The Commission has proposed amendment in the Representation of People Act, 1951, to provide therein that publishing and abetting the publishing of `paid news’ for furthering the prospect of election of any candidate or for prejudicially affecting the prospect of election of any candidate be made an electoral offence under chapter-III of Part-VII of Representation of People Act, 1951 with punishment of a minimum of two years imprisonment. – 3rd February, 2011 5. Punishment for electoral offences to be enhanced- • Undue influence and bribery at elections are electoral offences under Sections 171B and 171C, respectively, of the IPC. These offences are non-cognizable offences, with punishment provision of one year’s imprisonment, or fine, or both. • Under Section 171-G, publishing false statement in connection with election with intent to affect the result of an election, is punishable with fine only. Section 171 H provides that incurring or authorizing expenditure for promoting the election prospects of a candidate is an offence. However, punishment for an offence under this Section is a meager fine of Rs.500/- 6. Government sponsored advertisements – • For six months prior to the date of expiry of the term of the House, there should be a ban on advertisements on achievements of the Government. • Advertisements/dissemination of information on poverty alleviation and health related schemes could be exempted from the ban. – 5th July, 2004. 7. Prohibition of Campaign during the Last 48 Hours- • Section 126 of the Representation of the People Act, 1951, prohibits electioneering activities by way of public meetings, public performance, processions, advertisements through cinematograph, television or similar apparatus during the period of 48 hours before the time fixed for conclusion of poll. However, this Section does not include print media. The Commission has proposed that Section 126 should apply equally to the print media also. • The Commission has further proposed that house to house visits by candidates/supporters should also be specifically prohibited during the said period of 48 hours, to allow the electors period of tranquil to decide their option. Necessary amendments should be carried out in Section 126. This proposal was made in the background note for the regional consultations on electoral reforms in December, 2010. 8. Punishment for false affidavit by candidates – • Section -125A of R.P. Act, 51, provides that furnishing false information in the affidavit filed by the candidate is an offence punishable by imprisonment upto six months or with fine. • There is no clear provision for follow-up action in the event of candidates filing false affidavits. • There are several complaints of false statements in affidavits, false statements mislead the electors. The Commission has recommended that Section-125A of R.P. Act, 51, should be amended to provide that any complaint regarding false statement in the affidavit filed by the candidates in connection with the nomination paper shall be filed before the Returning Officer (RO) concerned within a period of 30 days from the date of declaration of the election and that it shall be the responsibility of the RO to take proper follow-up action Alternatively, complaint can lie directly to the Magistrate Court. 9. Negative/neutral voting - • In the ballot paper and on the ballot unit, after the particulars relating to the last candidate, there should be provisions for a column `none of the above’ to enable a voter to reject all candidates if he so desires. 10. Amendment of law to provide for filing of election petition even against defeated candidates on the ground of corrupt practice- • As per existing law, election petition (EP) can be filed only for challenging an election of the returned candidate (winner). If a defeated candidate has indulged in corrupt practice, there is no provision for election petition against such candidate. • Commission has recommended that the law should be amended to provide for filing of EP in cases of commission of corrupt practice by a losing candidate as well. 11. Ban on transfer of election officers on the eve of election – • In the case of general election, there should be a ban against transferring any election related officer for a period of six months prior to the expiry of the term of the House. – 15th July, 1998. 12. Rule making authority to be vested in the Commission – The Commission should be given the power to frame rules under the R.P. Act, 1950 and 1951. –15th July, 1998. 13. Totalizer for counting of votes - • The proposal is for amendment of the Rules to provide for the use of totalizer for counting of votes at EVM elections so that it would be possible to take out the results of votes polled in a group of 14 EVMs together as against the present practice of counting votes polling station wise. • In such a system of counting, the trend of voting in individual polling station areas would not be known. This will prevent intimidation and post election victimization of electors. -Vasanthkumar Mysoremath, Convenor: Voters Awareness Movement, Mysore, Karnataka, India