NFERI - Electoral System

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NEED FOR ELECTORAL

REFORMS IN INDIAA BACKGROUND PAPER

M. Vijaya Kumar

All India Progressive Forum (AIPF)www//progressiveforum.in


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The electoral system in any country should support and

strengthen the empowerment of the people of the country

to exercise the system to guarantee an equitable frameworkof economic and social justce.

Published by

Devdasa Rao

HIG No. 51stFloor, STARCITY CAR BUILDING80 FEET DOUBLE ROADRMV 2ndSTAGEBANGALORE 560 094Telephone No. : 09844183166Email : [email protected]

ForAll India Progressive Forum

Price Rs. 20/-


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PREFACE

ALL INDIA PROGRESSIVE FORUM (AIPF) provides a platorm for debates by

progressive intellectuals in Indiaonissues of natonalconcern. It is built by a

group of intellectuals commied to promote development, and welfare ofthe people of India by oering a plaorm for free and open debate on social,

polical, economic or cultural issues of naonal concern. The polical space

of the Forum is inclusive of patriosm, jusce, solidarity with people of all

naons, and human rights. It also acts as a channel for disseminaon of

ideas and informaon which could be used as tools for change by a wide

secon of the people, policians to grass-root acvists, bureaucrats or policy

makers. The architects of the Forum believe that from a free, democracand transparent discussion will emerge direcons for building a new India,

where science and technology are built upon through a right balance of

tradional culture and modern values to nurture a new society for human

development and peace.

AIPF is in the process of building up public plaorms for discussions on some

of the crucial issues which aect the lives of people in India. Stakeholdersand professionals are brought on to the same plaorm with the objecve of

preparing policy documents on topics of naonal concern.

The present pamphlet on electoral reform is one such discussion document.

The content has been discussed by the (adhoc) Naonal Execuve Commiee

(NEC) of the AIPF. The original dra was prepared by M. Vijaya Kumar, Vice

President of AIPF who incorporated comments and suggesons received

from other members of the Naonal Execuve Commiee. The present

document on Electoral Reform is the outcome of a series of brainstorming

sessions with a wide cross secon of people including intellectuals, lawyers,

academicians and the public. Anil Rajimwale, Dr. Thara.K.G., Aswini

Bakshi and Yugal Rayalu made major contribuons towards preparing

this pamphlet.

S.K.BISWAS

President AIPF


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CONTENT

Why an electoral reform?1.

Electoral System in India2.

Polical Pares in India - Changing Face3.

Elecon Commission of India on Electoral Reform4.

A new electoral strategy5.

The raonale

AIPF recommendaons for a reformed electoral system

AppendixReference material Electoral Reform

President K.R.Narayanan (1999)

V.K.Tarakunde Commiee (1974-75)

Dinesh Goswami Commiee (1990)

Jusce V.R.Krishna Iyer Commiee (1994)

Indrajit Gupta Commiee (1998)

Law Commission Report (1998)

Jusce Kuldeep Singh Panel (2002)

Suggesons by academics, scholars, lawyers and journalists.

Suggesons by Anna Hazare

M. Vijaya Kumar He is an electrical engineer who has served as a senior

manager in one of Indias largest public sector enterprises. He lives in

Hyderabad and is a founder member of AIPF.


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1. WHY AN ELECTORAL REFORM?

The structure and process of governance of the people in a naon

chosen by the people of that naon. Governance is aimed to ensure

the welfare of the People, in India the constuon was framed to

ensure welfare by an equitable distribuon of naonal wealth and

resources. Polical pares are indispensable in parliamentary

democracy. There are 1,200 polical pares in India and of these

about 150 are acve and funconing.

Post-independence India has emerged as a sovereign state with a

well developed strategic sector and a growth in basic infrastructure.

However a small minority of the populaon has prospered hugely

while the quality of lives of the majority has deteriorated. This is

reected in massive rural unemployment, lack of adequate health

care and educaon, a sharp drop in the purchasing power of the

people and a sharp growth in rural indebtedness. We need to ask

some basic quesons at this stage.

Is the mechanism of elecon an eecve instrument of the(1)

democrac will of the people?

Do the measures, which frucfy as outcomes of elecon, reect(2)

the aspiraons of those who are excluded from their due share

of welfare?

Gross corrupons in public life and criminalisaon of polics haveled

to distorons where the democrac credenals of the electoral

system is being quesoned seriously.

There is therefore a widespread and increasing disenchantment with

polics and policians in India. There is a growing public awareness

of the rampant entry of criminal elements into the polical arena.

For example, in the current Lok Sabha, nearly a quarter (23.2%)


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of the MPs have reported criminal cases against them. One out of

two among them (over 50%) has cases that could aract penales

of imprisonment of ve years or more. While token aempts at

reforming the electoral system have been made from me to me

over the last many years, to take care of some these distorons,

parcularly whenever it has suited the party in power, there has

hardly been any aempt at making any signicant and substanal

changes in the electoral system.

Electoral reform is a change in the electoral system such that genuine

public desires nd expression in elecon results. There have been anumber of reports and recommendaons on what needs to be done.

Some of the signicant examples are the Indrajit Gupta Report, the

Dinesh Goswami Report, the 170th Report of the Law Commission

of India on Review of the working of polical pares and Electoral

Reforms and the Recommendaons of the Naonal Commission to

Review the Working of the Constuon (NCRWC). The remarkable

fact however is that almost none of the recommendaons of these

learned and painstakingly prepared reports have been implemented.

The Naonal Commission to Review the Working of the Constuon

has come out with a Consultaon Paper especially in relaon to

elecons and reform opons.

2. ELECTORAL SYSTEM IN INDIA

First-past-the-post (abbreviated FPTP or FPP) vong refers to anelecon won by the candidate(s) with the most votes. The winningcandidate does not necessarily receive an absolute majority of allvotes cast.

Indian democracy has the First Past The Post (FPTP) as its electoral

system to provide representaon to voters in State Assemblies and

in the Parliament of India.


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FPTP system has played an important historical role in consolidang

democracy in the post independence India. With me however

many distorons have crept into the system which have undermined

the democrac aspiraons of the people. For example, the FPTP may

allow polical pares to come to power, both in the States and at the

Centre, with minority of votes. There are many instances where pares

with less than 30% of votes have won a large percentage of seats

and had claimed the right to form governments. The vast majority of

voters, in this system, are le unrepresented in governance.

The present electoral system in India encourages corrupon anduse of muscle power and communal pull to gain the slight margin

of winning votes. Pares that have the power to manipulate voters

using their economic power, are more oen than not successful in

gaining a dominant posion in the governance structure.

ELECTORAL SYSTEM IN OTHER COUNTRIES.

Proporonate Electoral System: Proporonate Electoral System is

being widely pracced in many democracies (such as in Italy and

Scotland) of the world. More and more countries are shiing to

Proporonal Representaon. In PR electoral system any party can

gain seats only in proporon to the percentage of votes that it gains.

There will not be any dierence between the percentage of votesand the percentage of seats. This allows pares with a majority voter

support to come to power.

Pure popular vote:The presidency of a naon goes to the candidate

with the largest plurality. This is the Presidenal system being

followed in US and other countries. The disadvantage is that it does

lile to solve the problems of a two party system. In the Indiancontext this system undermines the rights guaranteed to the states

that safeguard the unity of a diverse India.


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Popular vote with runo elecon:This is like the pure popular vote

opon, except that instead of holding primaries followed by a general

elecon, a free-for-all elecon is followed by a runo between the

two top vote-geers. This is pracsed, for example, in Egypt and

France.

Preferential popular vote:In this system, the voter gets a chance

to mark his or her choices against each candidate and if the voter s

first choice candidate loses, the vote is transferred to the second

choice and if he also loses , to the third choice and so on.. The

candidate who got the fewest first-choice votes is eliminated(his or her votes being transferred to the voters second choice

candidates). The least popular remaining candidate is thus

eliminated and so on until someone has a majority. This leads to

a very complex counting process. This system is commonplace in

Australia, New Zealand, and Ireland, with several minor variations

in each locality.

Preferenal electoral vote: This is an aempt to introduce the

advantages of the preferenal method into the Electoral College. The

voters in each state cast preferenal ballots. A state awards its electoral

votes according to the rst choice vote count. If nobody got a majority of

the Electoral College, the votes of losing candidates would be transferred

to those voters secondary choices, and the electoral vote would be

recomputed. Electoral votes would have to be awarded proporonally

by each state, not by the winner-take-all. If winner-take-all is used, the

preferenal part of the system would quite likely to be inoperave. The

main disadvantage is that, this is similar to an inaccurate version of

weighted preferenal popular votes.

Popular approval vote: Approval vong consists of giving a yes

vote for every candidate that you put up, and a no vote for all

those you can not. Simply put, you can vote for as few or as many


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of the candidates as you wish. Its like preferenal vong system

except that it is without a hierarchy of individual ranking. The winner

is the candidate with the most total yes votes. It has the same

advantage as the preferenal system, and its simpler, imposing no

extra dicules with counng or requiring new vong machinery.

3. POLITICAL PARTIES IN INDIA

CHANGING FACE

The evoluon of the party system aer Independence presents

a study of transformaon from one-party dominant system to acomplex of mul-partyconguraon. The resulng polical system

presently reects trends of fragmentaon, faconalism, casteism,

communal polics and regionalism. Endemic within this system is

a tendency to form opportunisc alliances for seeking a share in the

pie of power, irrespecve of any strong ideological or programmac

commitments.

The last decade of the 20th century saw a sharp rise in polical

mobilizaon on the basis of social cleavages based on divisive

idenes, in parcular of religion and caste. Casteism, communalism

and personality dominaon have been the main planks around which

the fragmentaon of polical pares has taken place. Polical pares

have invariably exploited ensuing instability for gaining electoral

support and mobilisaon of the voters on issues which are not even

remotely of naonal concern. Structural and funconal problems

which ail most of the polical pares are:-

1. Absence of inner party democracy.

2. Abysmal representaon of women in the party leadership.

3. Lack of ideology and values in party polics.

4. Lack of training of party members to inculcate core party ideology

and partys strategy for social change.


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5. Lack of funds available for polical funconing.

6. Weak and neposc party leadership.

7. Increasing role of regionalism, casteism and communalism within

the pares.

8. Accommodaon of criminals within the Party and acceptance of

violence as a legimate funconal mode.

9. Fraconalizaon within the party and opportunisc coalions

with other polical pares.

10. Insensivity to issues of governance.

4. ELECTION COMMISSION OF INDIA ON

ELECTORAL REFORM

On 12thof June 2011, the 7thRegional Consultaon on Electoral Reforms

was organized jointly by the Union Ministry of Law and Jusce and the

Elecon Commission of India. The meeng was held in Guwaha.

The deliberaons centered around the issues listed below.

Various opons for vong systems, such as proporonal

representaon, a two-round system (runo vong, approval

vong, cizen iniaves and referendums) and recall elecons.

Instuonalizaon of Polical Pares - Need for a comprehensive

legislaon to regulate party acvies. Criteria for Registraon as

a Naonal or State Party - De-recognion of Pares.

Structural and organizaonal Reforms - Party organizaons

Naonal, State and local levels - Inner Party democracy - Regular

Party Elecons, recruitment of party cadres, socializaon,

development and training, research, thinking and policy planning

acvies of the party.

Problems of Party Funding -Need for a legislaon to regulate


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party funds - distribuon and spending of party funds during non-

elecon and elecon mes. Maintenance of Regular Accounts

by the Polical Pares-Auding and publishing making audited

accounts available for open inspecon.

Steps to check criminalisaon of polical pares. Debarring unl

cleared by the court, persons charge sheeted for oences of 5

years or more

Problem of proliferaon of independent candidates

Review of present voter and contestant eligibility and vote-

counng procedures

Nominaon procedures of candidates

Electoral constuencies

Ballot design and vong equipment

Monitoring of electoral process by candidates, polical pares,

etc.

Safety of voters and elecon workers

Measures against bribery, coercion, and conicts of interest

Financing of candidates and referendum campaigns

Factors which aect the rate of voter parcipaon (voter turnout)

THE SUPREME COURT OF INDIA asked the Elecon Commission of India

to issue direcves to make it mandatory for the candidates subming

nominaons to give an adavit with details such as :-

Whether any criminal case is pending against them

Financial assets of the candidate, his/her spouse and dependents


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Educaonal qualicaons & nancial liabilies of the candidate

MAJOR RECOMMENDATIONS ON ELECTORAL REFORMS IN INDIA BY

VARIOUS FORUMS

Abolish the rst-past-the-post system and make the requirement

of 50% of votes + 1 as mandatory to declare a winner.

Simultaneous elecons for Union and state legislatures and use

of common electoral rolls in the union and state elecons.

Fixed tenure of elected legislave bodies. A no-condence

moon should be followed by a condence moon.

Regulate the number of registered pares.

Do not allow candidates to contest from more than one

constuency in an elecon.

Do not allow negave/neutral vong.

Ban publicaon of exit/ opinion poll results ll vong in all the

phases is complete.

A candidate must le his income tax return for the previous two

years from the constuency which he/she wants to represent. All

candidates if elected (each year) and their close relaves must

publicly declare their total assets, before and aer the elecon.

Making false declaraons in elecon adavits is an oence.

No change of party or change of status of a candidate to an

independent member should be permied ll the announcement

of the next elecons.

The total elecon expenditure permissible by a candidate should be

related to the legimate elecon expenses and should be dened.

All candidates must be required to submit audited accounts,

with receipts, of poll expenditure. The EC (Elecon Commission)


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must have adequate auding manpower to have accounts

checked within 30 days aer the counng of ballot papers. Over

expenditure by 5% or more or discrepancies in the accounts

amounng to over 5% should be grounds for disqualicaon of

a candidate.

The security deposit should be equal to 10% of the expenditure

limit set by the EC and should be counted in the total poll

expenditure of the candidate.

Each candidate must be able to correctly speak, write and read in

the ocial language of the state (from where he/she is contesngthe elecon) or in Hindi.

There should be an upper age limit to contest an elecon.

The candidate must be found medically and mentally t, to

discharge the normal dues of a legislator, by a team of doctors

appointed by the EC. Only then he/she will be allowed to

contest.

The size of the Council of Ministers must be limited to 10% of the

legislators in larger houses (over 120 members) and to 15% in

smaller ones (less than 100). A minimum of 12 ministers may be

permied for even the smallest house.

The donaon by an individual or company to a candidate must

not exceed 5% of the total expenditure permissible. The total

donaon made by an individual or a company to all candidates

in an elecon must not exceed 50% of the total permissible

expenditure by one candidate. All donaons given and received

must be in public knowledge.

The electronic vong machines must be made tamper proof and

hacking proof.

Voter Veriable Paper Trail (VVPT), a supplement to the exisng


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in order to inuence voters. PR system has mul-member

constuencies. This enables two or more members geng elected

from the same constuency in order to provide representaon to

dierent pares.

In PR electoral system inner party democracy is a must.

Polical pares prepare a list of candidates before the elecons

selected through inner party elecons and submit the same to

the Elecon Commission. Candidates of pares are declared

elected from this list in the same proporon as the percentage of

votes that party or a coalion obtains.

The list thus prepared by the polical pares, constuency of the

nominated candidate is also indicated. This enables voters from that

constuency to vote for the party to which their popular candidate

belongs. If a party elds many popular candidates their percentage of

votes increases in many constuencies. Thus the popularity of party

ideology and the popularity of candidates are both reected in thePR system.

Many countries where PR system is followed, elecon expenses

are sponsored by the State. This prevents corrupon, money and

muscle power, malpracces, play of emoons on communal and

caste basis etc.

Proporonate Electoral System provides ample space for formaon

of coalions represenng smaller communies that do not have the

chance of being represented in FPTP. Smaller pares represenng

unrepresented communies can make a coalion and gain required

percentage of votes in order to come to a winning posion of

power. This is very important for the survival of democrac

governance in India in favour of the poor and also minimizaon of

corrupon and electoral violence and enhancement of inner party

democracy.


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AIPF Recommendaons for a ReformedElectoral System in India

Who will be in the Parliament/ Assembly?

There will be 2 x 542 = 1084 members of parliament and all state1.

legislatures will have double their present membership. (Presently

the strength of Loksabha is 542)

50% of the members shall compulsorily be women.2.

542 members will be elected through nominaon by polical pares,3.

based on proporonal representaon (PR), for parliament.

The other MP/ MLA in each constuency will be elected by FPTP, on4.

condion that he/ she should secure 50% + 1 vote to get elected.

If in one elecon one male MP is elected by PR, the other MP in the5.

same constuency shall be a woman elected by FPTP. For the nextelecon, the gender representaon shall be reversed.

The current norms for reservaon of seats for SC/ST candidates6.

should connue.

If an elected representave resigns his/ her seat, he/ she will be7.

disqualied for the term of the house and cannot contest that or

any other constuency during this period. A new candidate will

have to contest in his/ her place.

No individual can contest more than one seat.8.

Wherever state legislave councils are in place, Graduate Constuencies9.

should be abolished and in their place, Workers Constuencies should

be constuted. Any worker/ employee of any enterprise with ESI card

or a valid company ID can register as a voter.


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Who is eligible to contest elecon?

Pares have to choose their candidates by primaries following1.

democrac selecon process from within the party. The names of

two alternave candidates are to be publicly declared and published

on the Internet. If any objecons are raised to the candidatures, the

objecons should be publicaly declared and automacally recorded

in a webpage put up by the Elecon Commission.

Pares have to nominate their candidates at least 6 months before2.

the elecon and give sucient me for the Elecon Commission

to verify the credenals of the candidate, his/ her criminal record,

property details etc. If the candidates nominaon is invalid, there

will be an alternave name and a second alternave name for

candidature. If all three are rejected, the Party can not contest the

seat.

While educaonal qualicaon is not a necessary criterion, the3.

candidate should be able to read and write in his/her nave language

when he/she contests the state legislature elecons and should be

conversant in Hindi/ English for parliament elecons.

Similarly, advanced age cannot be a bar to nominaon, but the4.

candidate should be mentally and physically sound to contest an

elecon and discharge his/ her dues as a law maker.


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Elecon Expenses

The amount of money deposited by a candidate will be a1.

minimum of 10% of the allowed elecon expenses and shall

be included in the total expenditure of the candidate. If acandidate loses deposit in two consecuve elecons, his/her

deposit amount for the third elecon will be 50% of the allowed

elecon expenditure. If he/ she chooses to contest a fourth

me, aer losing deposit three mes, the deposit amount will

be 100% of the allowed elecon expenses. If they lose the forth

me he/ she will be debarred from contesng any seat. This is

for discouraging non-serious candidates.

Travel expenses of central party leaders will be included in the2.

candidates elecon expenditure. The total allowed expenses

of the central party leaders per seat contested by the Party, will

be xed by the EC. This expenditure includes money spent on

media adversing, sponsored programs, free travel/ boarding

arranged by private persons/ corporate sector, etc.

There should be State funding of elecons. This is jused3.

constuonally and legally. Such funding should be conned to

pares recognised as naonal or state pares by the Elecon

Commission. To begin with, only a part of the nancial burden

of polical pares may be charged to the state. A greater

burden could be progressively shied to the state in future

so that ulmately all the legimate electoral expenses will be

charged to the state. The

state funding should be

in kind and not in cash. A

separate state fund should

be created for meeng the

electoral expenses.


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Elecon Ethics

Polical pares should adhere to strict norms laid out by the Elecon1.

Commission. Pares and the candidates should be barred from making

provocave speeches incing violence of a communal / casteist/

regional hatred nature., and/or distribung liquor, money etc to the

electorate. If a candidate or a leader of a polical party violates this,

not only the candidate, but all the candidates put up by the Party will be

disqualied from contesng the elecon for two consecuve elecons.

The Party will also be disqualied from parcipang in two consecuve

elecons. Video evidence or reports in themedia are adequate grounds to iniate acon

against a candidate or a Party.

Criminal and an-social elements will be2.

idened and any Polical Party or its

candidate employing these elements for

campaigning will also be barred from twoconsecuve elecons.

Polical Pares

There should be a law requiring all recognized polical pares1.

to keep audited accounts and sources of all income and detailsof expenditure. False accounts should be made a punishable

oense.

All polical pares have to submit a list of its members to the2.

State/ Regional Elecon Commission every year. No polical party

can nominate a candidate who has not been a party member for

the last two years, before his/ her nominaon.

Polical Pares which intend to enter into elecon alliances should3.


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announce their intenons to contest together six months prior to

the elecon. An-defecon law should be applicable to elecon

alliances also. If pares decide to break their alliance, then all the

candidates belonging to the alliance will have to forfeit their seats

also.

Support to be rendered to any government from outside, i.e.4.

without joining the coalion government, should be legally barred.

Only a party having at least 25 percentage of seats in the Lower

House of parliament or Assembly should be entled to form the

government.

Elected Members - Code of Conduct

1. Yardscks used for prosecung government servants facing criminal

proceedings and placed under suspension unl cleared by the

courts, should be applied to the policians as well.

2. There should be strict norms for the funconing of the legislave

bodies. Any member who indulges in the use of the oce for

personal business promoon during the term of his oce should

forego his/her seat.

Members who are present for less then 80% of the me of house3.

business in a year will automacally cease to be members. This

should also include those who suer from chronic illness.

Any member of a legislave body will face charges of sedion and4.

will be tried for treason and an-naonal acvies, if he/she makes

provocave speeches or makes such statements that incite violence

as well as regional, communal and casteist senments. Video

evidence or reports in the media are adequate grounds to iniate

acon and to frame charges against such a member.


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AIPF suggests that every elected representave5.

should seek the condence of the voters in his/

her constuency once a year. The condence

vote will be recorded electronically. Though

this may cause a heavy burden on the state,

this will ensure that the elected representaves

enjoy the condence of the voters throughout

their term of oce. In case, an elected member

loses the condence (gets less than 50%+1 of the valid votes) there will

be re-elecon in that constuency. There will be no campaigning for

the condence vote.

6. For the large parliamentary membership that we recommend there

will be only two weekly sessions of the house for each sing. For

the rest of the period, the members have to be nominated by

their respecve polical pares to various panels that will transact

business. For example, there can be a panel on internal security, one

on nance, another on commerce, one on foreign aairs etc. This

will enable the house to devote more me to all issues and ensure

that all members parcipate in the debates and make their voices

heard. The joint session will review the proceedings of each panel.


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APPENDIX

A number of academic and research instuons, polical observers

and analysts, commiees and commissions appointed by the

Government of India from me to me and concerned scholars,journalists and academicians in their individual capacies have

made a number of proposals for reforms in the party system in

India. Some of the most signicant of these are culled here in order

to provide a perspecve for framing recommendaons for elecon

reforms.

President K R Narayanan (1999)

Polical pares should ensure that criminals are denied ckets for

elecons. Entry of criminals can be prevented without passing any

law. An-Defecon Law, under which one-third members of the total

strength of a party are allowed to split it, is not working well. If anybody

wants to change his party aer being elected on that partys cket,

he should resign from the Parliament or the Legislature and face the

electorate. If there is such a rule very few defecons will take place.

Center for Policy Research Study (Lok Raj Baral) on Party Reforms (2000)/ (A1)

1. Reforming the rst-past-the-post system of elecon- The German

model that accepts a preferenal vong system can be examined for

ensuring proporonate representaon of pares in parliament.

2. Since all pares work in tandem with unscrupulous business

lobbies and gangsters or use state power for determining theoutcome of elecons, these cancerous trends need to be checked

for good governance.

3. Polical pares should have minimum principles for forming a

coalion government rather than forge alliances only to be in

government. Unprincipled polical alignment should be discouraged

by law urging polical pares to be more homogenous in their joint

endeavors of running the coalion government.

4. Support to be rendered to any government from outside, i.e.

without joining the coalion government, should be legally


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barred. Only a party having at least 25 per cent seats in the Lower

House of parliament or Assembly should have a chance to form

the government.

5. No government should be removed from oce if the opposion

pares or others involved in the toppling game fail to come out

with a clear alternave arrangement and programme.

6. The kind of coalional arrangements that the pares make should

be clear before forming the government. Developments so far

show that the big pares themselves prefer to play second ddle

to the regional and smaller pares whose immediate interests

are determined by regional and parochial issues rather thanlong term naonal programmes.

7. Pares need to strengthen their managerial and crisis

management capacity. If the party organizaons are beer

managed and democrazed, their eciency would increase. More

autonomy to all layers and more inner-party democracy would

help circulate leaders on the basis of their qualies. The criterion

of achievement rather than ascripon should be accepted by

all pares. Unless pares are broad based in accommodang

all segments of society, they connue to become statusquoits,

exclusivist, regional and sectarian.

8. Pares own code of conduct and self-iniated reforms, rather than

state-imposed reforms are likely to improve the working of pares.

V. M. Tarakunde Commiee (1974-75)

An important recommendaon of this commiee was that

there should be a law requiring all recognized polical pares to

keep audited accounts and sources of all income and details of

expenditure, with false accounts being a punishable oence.

Dinesh Goswami Commiee Report (1990)

The main recommendaons of the Commiee were as follows:


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1. A three-member elecon commission and appointment of the

Chief Elecon commissioner in consultaon with the Chief Jusce

of India and the leader of the opposion and the appointment

of other Elecon commissioners in consultaon with CEC;

2. A fresh de-limitaon of the constuencies on the basis of 1981

census and rotaon of seats reserved for SCs and STs;

3. Issuing of mul-purpose photo identy cards to voters;

4. Disallowance of contesng by candidates from more than two

constuencies;

5. The raising of security deposits of independent candidates andforfeiture of security deposits of all candidates failing to secure

at least th of the votes polled;

6. Statutory status to the model code of conduct formulated by

the Elecon Commission;

7. Introducon of electronic vong machine;

8. Legislave measures against booth-capturing, rigging andinmidaon of voters;

9. Limited state-funding in kind to recognized polical pares, to

begin with;

10. Transportaon of voters, carrying of re arms, sale and

distribuon of liquor on poll day to be cognizable electoral

oence in law;

11. Restricon of disqualicaon under the an-defecon law to

voluntary resignaon and violaon of party whips only in cases

of vote of condence, money bills and vote of thanks to the

President;

12. A review of the electoral system by a standing Commiee of the

Parliament and by an expert Commiee.

13. Chapter 5 of the Goswami Commiee Report also made some

recommendaons relang to polical pares and candidates.


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The main reform proposed was the deleon of Secon 29(A)

of the RP Act concerning registraon of pares. The maer,

instead should be delegated to be solely decided by the Elecon

Commission under the Elecon Symbols (Reservaon and

Allotment, 1968). The Commiee did not feel the necessity of

recognizing electoral alliances of polical pares or changing

present procedure of allotment of symbols.

Jusce V. R. Krishna Iyer Commiee (1994)

The Krishna Iyer Commiee recommended that a law should ensure

inner-party democracy in all polical pares. It also reiterated a

legal sancon for proper audit and accounts. Besides it proposedthe instuon of a Commissioner to examine and decide whether

a polical party was promong communalism or in any way acng

against the Constuon.

Indrajit Gupta (1998)

It was in June 1998 that the Indrajit Gupta Commiee was set up to go

into the central issue of elecon funding. Preceded by an all-India partymeet a month earlier in May 1998, the Commiee nalised its report on

December 30, 1998. The commiee headed by the late CPI stalwart stressed

that the state funding of elecons was fully jused - constuonally

and legally. It observed that such funding should be conned to pares

recognised as naonal or state pares by the Elecon Commission. To

begin with only a part of the nancial burden of polical pares may be

shied to the state. A greater burden could be progressively shied to thestates so that ulmately all their legimate expenses become a charge on

the state. The commiee suggested that state funding be in kind not cash.

It desired the creaon of a separate elecon fund for meeng the expenses

on state funding of elecons. The commiee noted that polical pares

must submit their annual accounts regularly to the income tax authories

showing details of receipts and expenditure. Polical pares should also

le a complete account of their elecon expenditure, both on general partypropaganda and on individual candidates.


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Law Commissions Report (1998)

The recommendaons of the Law Commission can be summed up

as follows:

Independent candidates be barred from contesng elecons1.to the Lok Sabha and legislave assemblies.

Full ve year term for the legislatures.2.

In order to contain defecons, a pre-poll coalion or front3.

of polical pares should be treated as a polical party.

Inclusion in the RPA to regulate the formaon, funconing4.

and income-expenditure accounts of polical pares and toavoid their splintering and ensure internal democracy.

Scrapping of explanaon I to secon 77(1) of the RPA to make5.

the electoral system more representave, fair and transparent

- making it obligatory for every candidate to declare his/her

assets and of his/ her spouse and dependent relaons as

well as provide parculars regarding criminal cases pending

against them.

On state funding of polical pares, recommendaons of6.

the Indrajit Gupta Commiee subject to certain changes, be

adopted.

In case of electoral oences and certain other serious7.

oences, framing of a charge by the court should itself be a

ground for disqualicaon in addion to convicon. Relevant

provisions of the Criminal Procedure be amended to check

false complaints.

Only a candidate obtaining 50 percent or more votes be8.

declared elected, holding of run o elecons wherever

necessary.

Any party, which receives less than ve percent of the total9.vote in elecons to the Lok Sabha and Assemblies shall not

be entled to any seat.


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Use of electronic vong machine in all the elecons.10.

Restricon on frequency of no-condence moons11.

List system on the German model for 25% or 50% addional12.

seats and concept of negave vote.

Jusce Kuldeep Singh Panel (2002)

1. To prevent criminalisaon of polics, the candidates with a

criminal background or those facing substanal criminal charges

framed by a court be debarred from contesng elecons.

2. Just as government servants facing criminal proceedings are

placed under suspension unl cleared by the courts, the sameyardsck should be applied to policians as well.

3. Elecon Commission should bring eecve changes in the model

code of conduct to exclude candidates from contesng elecons

who have criminal proceedings pending against them. And, if

the Elecon Commission cannot do this, Parliament must do it.

4. More eecve laws be created that will prevent criminals from enteringthe polical process. The legal reforms can push criminals out of the

system. New legal iniaves such as amendments in Secon 8 of the

Representaon of the People Act 1951 could empower the Elecon

Commission to deal with crime-tainted policians.

5. If we cannot bar criminals from contesng elecons unl they are

convicted by the courts, then the next best course would be to

get speedy verdicts in their cases. Special courts and benches to

try cases against legislators and other high prole people should

be set up for speedy trials.

Suggesons by Academics/ Scholars/ Journalists etc.:

Indian pares should seriously consider adopng the leadership1.

convenon system. It would make the leadership selecon process

more democrac and federal. Second, the naon would introduce

a naonally aggregave mechanism in major pares and curb the


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tendency of regionalisaon and fragmentaon. This will go a long

way in making pares aggregave and thus more funconal in a

parliamentary federal system of governance (A2).

The Joint Commiee of Parliament on Amendments to2.

Electoral Laws (1971-72) considered and rejected the proposal

for changing the First past- the- post (FPTP) system, but

recommended the formaon of an expert commiee to review

it. S. L. Shakdher, the then Elecon Commissioner and L. P. Singh

supported the view, besides the Goswami Commiee. Nobody

has argued for a pure PR (proporonal representaon) system

but a mix of PR and plurality system. The Tarakunde Commiee

recommended two alternave formulae for consideraon. The

rst was the German formula (double vote, half of the seats by

direct plurality system, top-up on the basis of the second vote,

provision for addional members) modied, if necessary, to

change the mix of direct and list seats from : to 2/3 : 1/3.

The second involved single vote polling as in the present system,

all candidates who secure a majority of votes to be declaredelected directly, the rest of the seats to be lled from party

lists according to the proporon of votes for each party (top-up

procedure) with some relaxaon for independents.

For curbing the incidence of polical violence and terrorism there3.

should be express provision for de-recognion of polical pares, if

there is violaon of Sub-Secon (5) of Secon 29 A of R. P. Act 1951.9

relang to upholding of the allegiance to the Constuon of India

and to the principles of socialism, secularism and democracy and the

sovereignty, unity and integrity of India. It is to be noted that a recent

dra Bill on Electoral Reform provides for de-registraon of polical

pares. However, there is a provision for appeal in Courts/ (A3)

S4. ome qualicaons can be laid down; impeccable integrity, proven

ability, academic standards in consonance with the requirementsof the job, otherwise leaders can be a liability. And surely, rule of

the majority does not mean rule by the illiterate/ (A4)


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It should be made mandatory for all polical pares to nominate5.

women in at least a third of the seats contested by them.

6. There is need for a law to make it compulsory for every

recognized polical party to annually declare and publish, along

with its constuon and list of duly elected oce bearers, the

list of its primary members and the subscripons collected from

them, among all other sources. (Chief Elecon Commisioner

M.S. Gill).

Proposed Electoral reforms by Anna Hazare and his followers

People should have the right to reject,People should be allowed

to use the opon not to vote if they dont like any candidate. Other

suggesons include:-

Holding Primaries: In the current system the party bosses have

the ulmate say in terms of their candidates. The best way is to

introduce primaries or preliminary elecons for all recognized

pares. These preliminary elecon would then determine who thecandidate of a parcular party will be. Laws can be made to decide

who can vote in these primaries. Aer the primary elecons the top

voted candidate from each party goes on to the main elecon.

Removal of the an-defecon law: The an-defecon law was

passed in 1985 as the 52nd amendment to the Indian constuon.

Allowing the MPs to vote their conscience would mean government

moons may fail resulng in the government being forced to resign

under the collecve responsibility principle. This is not desirable. So

addional changes would be necessary to avoid this. In the absence

of an-defecon laws, a cultural shi could be eected wherein

legislators across party lines can think independently and come

together to propose bi-parsan Bills in a manner similar to what we

see in the United States.

Provide mechanisms to recall an elected representave: If an elected

representave is out-of-synch with the voters of his/her constuency


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there should be a mechanism to recall that representave and have

a new elecon. That way elected representaves cant forget their

voters between elecons and only show up around the elecon

me. (Team Anna has menoned this as one of their goals.)

Government funding of elecon: Corrupon by the elected

representaves is abeed also because they have to nd funds for

their elecon expenses.

Direct elecon of CM and PM but with term limits of maximum

of two terms: CMs and PMs should have a term limit of maximum

of two terms. This will allow for young leadership to emerge more

easily. By virtue of being the leader of the House the person electedto the all-State or all-India constuency will have to be invited by

the Governor or the President to form the next Government as the

Chief Minister or Prime Minister. Irrespecve of whether a party

or a combinaon of pares has a legislave majority the Chief

Minister or Prime Minister will have a xed term which will be the

same as the term of the legislature. Removal of the Chief Minister

or Prime Minister would thus require a higher legislave bar similarto a Presidenal impeachment. The an-defecon law will become

redundant and irrelevant since the Government no longer depends

on a simple majority in the legislature. The Chief Minister or Prime

Minister could then also have the addional freedom to appoint

members to his Cabinet from outside the legislature thus eliminang

another source of instability and dissidence.

Instead of Right to Reject allow Write-in candidates: The idea

behind right to reject is that during vong there should be a opon

of No One. However, a beer idea is to have a write-in opon where

people can write the name of the person (who is not in the ballot) who

they want to vote for. So people can write No one if they desire to do

so. Or they can write someones name.


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References

A1. Lok Raj Baral, Polical Pares and Governance in South Asia in V.

A. Pai Panandikar, Problems of Governance in South Asia, Delhi,

(Konark Publishers Pvt. Ltd.), 2000, pp. 155-199.

A2. M. P. Singh, Towards Greater Federalism, The Pioneer, 16 December

1997.

A3. Raisa Ali, Representave Democracy and Concept of Free and Fair

Elecons, New Delhi, (Deep & Deep), 1996

A4. Jawaharlal Gupta, while the worst are full of passion, Hindustan

Times, 28 June 2000.


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Documents

NFERI - Electoral System