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Rishabh SrivastavaAshutosh RanjanKriti RathiAshutosh JainAkshay Mishra--Institute of Law,Nirma university,Gujarat

FAIRNESS AT PLAY:INTRODUCING

ELECTORAL REFORMSIN INDIA.

Rishabh SrivastavaAshutosh RanjanKriti RathiAshutosh JainAkshay Mishra--Institute of Law,Nirma university,Gujarat

FAIRNESS AT PLAY:INTRODUCING

ELECTORAL REFORMSIN INDIA.

SCOPE: Free & Fair elections are the lifelineof any democracy. And INDIA is the largestdemocracy, so its a necessity for us to have afair elections.

Today's election are plagued by a number ofissues, and lack of credibility deters peoplefrom participating in the electoral process. Asworlds largest democracy, its is ourresponsibility to participate in a free & fairelections.

Reasons: Even after 65years ofIndependence, the public has not been able tosee a free and fair election. From past fewyears, the citizens are growing restless andhave anguish against these elected MP’s.Hence, we have taken up this topic as webelieve that the vote of people should go tothe right candidate and not be influenced bymoney or muscle power.

Causes: Money power1. Lower Income Groups2. High Illiteracy in Rural Area3. Lack of Awareness4. Improper Implementation of laws5. Anarchy in Criteria6. Weak at Grass Root Level

Muscle Power1. Criminalization of Politics2. Using Politics as a Hideout from Law3. To Suppress the Viewpoints of others4. To Establish Supremacy over Opponents

SCOPE: Free & Fair elections are the lifelineof any democracy. And INDIA is the largestdemocracy, so its a necessity for us to have afair elections.

Today's election are plagued by a number ofissues, and lack of credibility deters peoplefrom participating in the electoral process. Asworlds largest democracy, its is ourresponsibility to participate in a free & fairelections.

Reasons: Even after 65years ofIndependence, the public has not been able tosee a free and fair election. From past fewyears, the citizens are growing restless andhave anguish against these elected MP’s.Hence, we have taken up this topic as webelieve that the vote of people should go tothe right candidate and not be influenced bymoney or muscle power.

Causes: Money power1. Lower Income Groups2. High Illiteracy in Rural Area3. Lack of Awareness4. Improper Implementation of laws5. Anarchy in Criteria6. Weak at Grass Root Level

Muscle Power1. Criminalization of Politics2. Using Politics as a Hideout from Law3. To Suppress the Viewpoints of others4. To Establish Supremacy over Opponents

1. The Election Commission should finance the candidates standing in the elections. Merits : (i) A fair play field to all candidates

: (ii) Reduces Scope of Black Money: (iii) Reduces role of External Factors

2. Auditing rights to be made available to Election Commission Merits : (i) Scrutiny of Expenditure done by Candidates

: (ii)Checks for scope of Back door pumping of money by Candidates: (iii) Check on Manipulative practices done by candidates

3. Election to be held successively Merits : (i) Uniformity in Election Process

: (ii) Reduce scope of Malpractices in the name of Region: (iii) Reduces Pseudo Election

4. Concept of Election Observers- More powers to the Commission and its Observers Merits: (i) Watch Dog to every activity of Candidates

: (ii) Will Reduce burden on Judiciary: (iii) Increases Accountability of Candidates.

1. The Election Commission should finance the candidates standing in the elections. Merits : (i) A fair play field to all candidates

: (ii) Reduces Scope of Black Money: (iii) Reduces role of External Factors

2. Auditing rights to be made available to Election Commission Merits : (i) Scrutiny of Expenditure done by Candidates

: (ii)Checks for scope of Back door pumping of money by Candidates: (iii) Check on Manipulative practices done by candidates

3. Election to be held successively Merits : (i) Uniformity in Election Process

: (ii) Reduce scope of Malpractices in the name of Region: (iii) Reduces Pseudo Election

4. Concept of Election Observers- More powers to the Commission and its Observers Merits: (i) Watch Dog to every activity of Candidates

: (ii) Will Reduce burden on Judiciary: (iii) Increases Accountability of Candidates.

5. MP’s with Serious Charges like MCOCA, Gangster Act, to be Disqualified Immediately Merits : (i) Saving parliament indirectly from criminals

: (ii) Create space for Clean Image person to enter politics

6. Bigger Role to State Police Forces Merits : (i) Reduces Dependence of Para Military Forces

: (ii) Better control of the Local Area

7. Formation of Interim Government: Merits : (i) Can Implement Free and Fair election Related Policies

: (ii) Reduces Scope of Elections Influenced by one party Decisions8. E-voting System: Merits : (I) Ensure maximum voting in all classes/areas of the nation.

: (ii) Will reduce cases of bogus voting/booth capturing

5. MP’s with Serious Charges like MCOCA, Gangster Act, to be Disqualified Immediately Merits : (i) Saving parliament indirectly from criminals

: (ii) Create space for Clean Image person to enter politics

6. Bigger Role to State Police Forces Merits : (i) Reduces Dependence of Para Military Forces

: (ii) Better control of the Local Area

7. Formation of Interim Government: Merits : (i) Can Implement Free and Fair election Related Policies

: (ii) Reduces Scope of Elections Influenced by one party Decisions8. E-voting System: Merits : (I) Ensure maximum voting in all classes/areas of the nation.

: (ii) Will reduce cases of bogus voting/booth capturing

1. Financing by Election commission: Here, We believe that a certain portion of tax collected tobe handed over to election commission along with the donations made to political parties byvarious sources to be utilised by Commission during every election. The Money Collectedshould be distributed based upon the Inflation level of the place where elections are beingconducted. The Candidate shall be allowed to use only the resources allotted to them by theCommission and they shall not be allowed to bring/pump any money from personal pocket,and violation of which will interact penalties. The Major stake holders here will be potentialcandidates, workers, corporate houses, and the government.

2. Auditing by CAG(Comptroller & auditor General) : Both being government bodies, werecommend that during the election time, the CAG should work in close coordination with thecommission and take on the job of auditing the accounts of candidates. This auditing will helpto discover the extra inflow of money if any.

3. Successive election policy: As per successive election policy, the elections of all states andthe centre should be held one after another. We propose to divide the country into 6 zones,and elections in each zone should be held successively. We also propose to cap a candidate tocontest foe maximum of 2 seats. This will help to bring down the total election cost andensure uniform election policies everywhere.

1. Financing by Election commission: Here, We believe that a certain portion of tax collected tobe handed over to election commission along with the donations made to political parties byvarious sources to be utilised by Commission during every election. The Money Collectedshould be distributed based upon the Inflation level of the place where elections are beingconducted. The Candidate shall be allowed to use only the resources allotted to them by theCommission and they shall not be allowed to bring/pump any money from personal pocket,and violation of which will interact penalties. The Major stake holders here will be potentialcandidates, workers, corporate houses, and the government.

2. Auditing by CAG(Comptroller & auditor General) : Both being government bodies, werecommend that during the election time, the CAG should work in close coordination with thecommission and take on the job of auditing the accounts of candidates. This auditing will helpto discover the extra inflow of money if any.

3. Successive election policy: As per successive election policy, the elections of all states andthe centre should be held one after another. We propose to divide the country into 6 zones,and elections in each zone should be held successively. We also propose to cap a candidate tocontest foe maximum of 2 seats. This will help to bring down the total election cost andensure uniform election policies everywhere.

4. Election Observers : By encouraging observers, we believe that mal practices to some extentcan be brought down. These observers will consist of people from local administration, govtschool teachers, retired civil servant/judges, and Certain NGO’s. These Observers will be givenspecial training and will have power to complain the commission on any matter they deemimportant. The total cost of training will be paid by the contingency fund and the electioncommission budget jointly.

5. Disqualification of MP’s: As soon as any MP is Booked under any article of a Serious crime suchas MCOCA,GANGSTER ACT, etc their post and candidature should be immediately scrappedand until the final verdict is announced, the Booked MP should not be allowed to re contestelections

6. Bigger Role of State Police Forces: We Believe that the state police should be given morepowers to operate during the election time. They should be transferred to other districtsduring elections and duty of banning liquor and other substances should be done by policefrom date of announcement of date of polling.

7. Formation of Interim Government: We propose that an interim government should be formedat least 3 months before the election as it will help us to ensure that the elections areconducted freely, and not dominated by the decisions of any particular party which is inpower. This Interim Govt. Will consist of chief justice of India and chief justice of all highcourts, and all political members shall be freed from their duties.

4. Election Observers : By encouraging observers, we believe that mal practices to some extentcan be brought down. These observers will consist of people from local administration, govtschool teachers, retired civil servant/judges, and Certain NGO’s. These Observers will be givenspecial training and will have power to complain the commission on any matter they deemimportant. The total cost of training will be paid by the contingency fund and the electioncommission budget jointly.

5. Disqualification of MP’s: As soon as any MP is Booked under any article of a Serious crime suchas MCOCA,GANGSTER ACT, etc their post and candidature should be immediately scrappedand until the final verdict is announced, the Booked MP should not be allowed to re contestelections

6. Bigger Role of State Police Forces: We Believe that the state police should be given morepowers to operate during the election time. They should be transferred to other districtsduring elections and duty of banning liquor and other substances should be done by policefrom date of announcement of date of polling.

7. Formation of Interim Government: We propose that an interim government should be formedat least 3 months before the election as it will help us to ensure that the elections areconducted freely, and not dominated by the decisions of any particular party which is inpower. This Interim Govt. Will consist of chief justice of India and chief justice of all highcourts, and all political members shall be freed from their duties.

8. E-voting system : We propose that in this tech savvy, 21st century, the voting styleshould change and a new system of online voting should be implemented, which willprovide ease and convenience to the public , especially the working class residing inurban areas, who do not go out to vote due to paucity of time and do not wish tostand in lines at polling stations. We propose to have the voting linked with AADHARCards, as each individual will have a unique code assigned to them and voting shall beconducted using the code and a special password, designed for one time use and willbe generated by election commission before the elections. This step shall help thepeople to cast their vote while sitting at home, and ensure that misuse of thetechnology is not feasible. This step shall require creation and linking of votersdatabase to AADHAR system, which shall be funded as an one time expenditure bythe govt, which is already spending on AADHAR project. Further, we propose thatpeople wishing to use online voting system shall be charged a nominal fee. This stepwill require a full time technical support team, which might be under National DataCentre, a wing of govt of India. This system will be easily sustainable as no extra manpower is required and financial help can be arranged from the govt and AADHARProject plus the fee collected from general Public.

8. E-voting system : We propose that in this tech savvy, 21st century, the voting styleshould change and a new system of online voting should be implemented, which willprovide ease and convenience to the public , especially the working class residing inurban areas, who do not go out to vote due to paucity of time and do not wish tostand in lines at polling stations. We propose to have the voting linked with AADHARCards, as each individual will have a unique code assigned to them and voting shall beconducted using the code and a special password, designed for one time use and willbe generated by election commission before the elections. This step shall help thepeople to cast their vote while sitting at home, and ensure that misuse of thetechnology is not feasible. This step shall require creation and linking of votersdatabase to AADHAR system, which shall be funded as an one time expenditure bythe govt, which is already spending on AADHAR project. Further, we propose thatpeople wishing to use online voting system shall be charged a nominal fee. This stepwill require a full time technical support team, which might be under National DataCentre, a wing of govt of India. This system will be easily sustainable as no extra manpower is required and financial help can be arranged from the govt and AADHARProject plus the fee collected from general Public.

The estimated spending of the candidates should go down. By ensuring financing of elections by thecommission, a fair ground in term of money will be established and everyone will get a fair share, with noone able to use extra influence of money in the elections. This solution can be easily implemented and issustainable to the extent that only the work of financing will be handled by the commission.

The Auditing will happen on basis of current price levels, and any surplus will be immediately informed to theelection commission. This Auditing concept will require the cooperation of CAG, and ensure that only thesum allotted by the commission is only utilised and no extra influence using money can be played with. Thisproposal can easily sustain as the bodies involved are under the govt. And no extra cost will be incurred inthe process, rather it will ensure that undue influence of money is curtailed. The audited accounts can beaccessed by general public, and if it is ensured that only the allotted sum is used, the influence of personalwealth will be nullified.

By having elections in all zones successively followed by the central elections, it can be ensured that theburden of holding elections and arranging for required resources round the clock if finished. Also, withsuccessive elections, the extra companies of security forces deployed can be rotated easily. This solution canbe implemented as it shall help in reducing election expenditure and people can vote at nearby dates, whichfurther increases the voting percentage.

By allowing the system of E-voting , the total numbers of votes being casted will go up considerably, resultingin the people using their right and chances of bogus voting, influenced voting and/or voting only by selectedindividuals, resulting in a better system of governance chances of deserving candidates goes up.

The estimated spending of the candidates should go down. By ensuring financing of elections by thecommission, a fair ground in term of money will be established and everyone will get a fair share, with noone able to use extra influence of money in the elections. This solution can be easily implemented and issustainable to the extent that only the work of financing will be handled by the commission.

The Auditing will happen on basis of current price levels, and any surplus will be immediately informed to theelection commission. This Auditing concept will require the cooperation of CAG, and ensure that only thesum allotted by the commission is only utilised and no extra influence using money can be played with. Thisproposal can easily sustain as the bodies involved are under the govt. And no extra cost will be incurred inthe process, rather it will ensure that undue influence of money is curtailed. The audited accounts can beaccessed by general public, and if it is ensured that only the allotted sum is used, the influence of personalwealth will be nullified.

By having elections in all zones successively followed by the central elections, it can be ensured that theburden of holding elections and arranging for required resources round the clock if finished. Also, withsuccessive elections, the extra companies of security forces deployed can be rotated easily. This solution canbe implemented as it shall help in reducing election expenditure and people can vote at nearby dates, whichfurther increases the voting percentage.

By allowing the system of E-voting , the total numbers of votes being casted will go up considerably, resultingin the people using their right and chances of bogus voting, influenced voting and/or voting only by selectedindividuals, resulting in a better system of governance chances of deserving candidates goes up.

• The concept of election observers will help us in keeping a closer check to the political campaign of thecandidates. These observers, consisting of local administration & other departments will be trained andwill have the power to raise any violation related issue directly to the commission. These observers willbe present at all rallies and will prepare the report of the activities carried out by the candidates. Thisproposals will stand all criticism as human resource available is used and only cost on their training isincurred, which , will help in stopping the election related mal practices.• keeping in mind the recent Supreme Court Judgement, the proposal of disqualifying MP’s booked underserious charges will hold good. This practice will ensure that people with criminal background and havingmuscle power cannot threaten the general public and win over every time. Further this step will ensurethat good people sit in the parliament and there shall be no criminalisation. This proposal does notrequires any extra human or financial costs, and can be implemented without any hustle.• By giving a bigger role to local police, it can be ensured that the nexus of politicians and law enforcersdo not work during the elections and with a new transferred force along with additional deployment ofSecurity Forces , no Illegal or Banned acts take place. This step can be implemented without any hustle asforces will be transferred deployed in phases and does not requires additional man power and minimumfinancial cost.• We firmly believe that with formation of an interim govt, the scope of misuse of power or influence ofruling party can be cut down very easily. This step requires only establishment of an interim, non politicalgovt, which will ensure that all codes are strictly followed. This step will minimum funding from theconsolidated funds of India, and this govt will be from existing part of legal functionaries.

• The concept of election observers will help us in keeping a closer check to the political campaign of thecandidates. These observers, consisting of local administration & other departments will be trained andwill have the power to raise any violation related issue directly to the commission. These observers willbe present at all rallies and will prepare the report of the activities carried out by the candidates. Thisproposals will stand all criticism as human resource available is used and only cost on their training isincurred, which , will help in stopping the election related mal practices.• keeping in mind the recent Supreme Court Judgement, the proposal of disqualifying MP’s booked underserious charges will hold good. This practice will ensure that people with criminal background and havingmuscle power cannot threaten the general public and win over every time. Further this step will ensurethat good people sit in the parliament and there shall be no criminalisation. This proposal does notrequires any extra human or financial costs, and can be implemented without any hustle.• By giving a bigger role to local police, it can be ensured that the nexus of politicians and law enforcersdo not work during the elections and with a new transferred force along with additional deployment ofSecurity Forces , no Illegal or Banned acts take place. This step can be implemented without any hustle asforces will be transferred deployed in phases and does not requires additional man power and minimumfinancial cost.• We firmly believe that with formation of an interim govt, the scope of misuse of power or influence ofruling party can be cut down very easily. This step requires only establishment of an interim, non politicalgovt, which will ensure that all codes are strictly followed. This step will minimum funding from theconsolidated funds of India, and this govt will be from existing part of legal functionaries.

Economic Challenges:(i) Funding for the election commission: The Corporate houses may not be willing to fund the election

commission as they have certain intentions attached while providing sources to the political parties. Theymay be reluctant in funding.

(ii) Share from taxes: The Govt may be reluctant in providing any additional funds to the electioncommission from its resources as these may be required for other projects. The tax payer may alsoresent the idea his money being used for election purposes.

Political Challenges(i) Refusal by Parties: The parties may turn down the idea of having the elections funded by the ElectionCommission and even have there accounts audited by CAG. This step in a way restricts candidates fromusing their personal resources and influence the elections, as now, all candidates, irrespective of theirparty will have to compete in an open, free field.

(ii) Against Disqualification Law : MP’s will not support the law of disqualification as nearly 1/3rd of MP’shave criminal charges against them, and if they are disqualified, they cannot influence the probe or usepolitics as an hideout from the punishment.

Social Challenges:(i) People may not accept the new system: Stereo type people may not appreciate the new system ofelections and may still wish for old system, where controlling measures were less.(ii) Lower income group may not approve: The poor people of the society may not appreciate the newsystem as earlier, they used to earn for their vote. All that mattered to them was money, and they werewilling to sell off their votes.

Economic Challenges:(i) Funding for the election commission: The Corporate houses may not be willing to fund the election

commission as they have certain intentions attached while providing sources to the political parties. Theymay be reluctant in funding.

(ii) Share from taxes: The Govt may be reluctant in providing any additional funds to the electioncommission from its resources as these may be required for other projects. The tax payer may alsoresent the idea his money being used for election purposes.

Political Challenges(i) Refusal by Parties: The parties may turn down the idea of having the elections funded by the ElectionCommission and even have there accounts audited by CAG. This step in a way restricts candidates fromusing their personal resources and influence the elections, as now, all candidates, irrespective of theirparty will have to compete in an open, free field.

(ii) Against Disqualification Law : MP’s will not support the law of disqualification as nearly 1/3rd of MP’shave criminal charges against them, and if they are disqualified, they cannot influence the probe or usepolitics as an hideout from the punishment.

Social Challenges:(i) People may not accept the new system: Stereo type people may not appreciate the new system ofelections and may still wish for old system, where controlling measures were less.(ii) Lower income group may not approve: The poor people of the society may not appreciate the newsystem as earlier, they used to earn for their vote. All that mattered to them was money, and they werewilling to sell off their votes.

Funding: The chief source of funding for parties are corporate houses. Hence, we will bring it that nodonations to be made to political parties and all funding related to elections have to be via the electioncommission of India

Tax Sharing: The govt should save a share of taxes each year and add on to a reserve which shall beutilised after every 5 years. Since this fund will be used only once in 5 years, the idea should besuccessfully implemented.

Refusal by Parties : As a Democracy, we must strive for free and fair elections, which are the lifeline.Hence, if required, an amendment or law can be made making it compulsory to use this mechanism.Further, we expect the parties to wilfully agree to this mechanism as it is in the benefit of the nation.

Disqualification law: The main idea behind this law is to ensure criminal free parliament and politics.Hence, we demand a Case Law on this issue to be established and under the direct supervision ofsupreme court, the booked MP’s to be immediately disqualified.

People resentment: Since this mechanism and reforms shall be brought to help the general public atlarge, hence a bit of education and advertisement of this reforms shall be able to bring change in peoplesperspective

Lower Income Group: Since these people were voting only for money, the govt should ensure that jobsare available for all and a campaign to make people aware regarding their rights and the power of theirvotes can change and bring this issue to an end.

Funding: The chief source of funding for parties are corporate houses. Hence, we will bring it that nodonations to be made to political parties and all funding related to elections have to be via the electioncommission of India

Tax Sharing: The govt should save a share of taxes each year and add on to a reserve which shall beutilised after every 5 years. Since this fund will be used only once in 5 years, the idea should besuccessfully implemented.

Refusal by Parties : As a Democracy, we must strive for free and fair elections, which are the lifeline.Hence, if required, an amendment or law can be made making it compulsory to use this mechanism.Further, we expect the parties to wilfully agree to this mechanism as it is in the benefit of the nation.

Disqualification law: The main idea behind this law is to ensure criminal free parliament and politics.Hence, we demand a Case Law on this issue to be established and under the direct supervision ofsupreme court, the booked MP’s to be immediately disqualified.

People resentment: Since this mechanism and reforms shall be brought to help the general public atlarge, hence a bit of education and advertisement of this reforms shall be able to bring change in peoplesperspective

Lower Income Group: Since these people were voting only for money, the govt should ensure that jobsare available for all and a campaign to make people aware regarding their rights and the power of theirvotes can change and bring this issue to an end.

Association for Democratic reforms www.en.wikipedia.org www.eci.nic.in Articles:

1. 300 crorepati MPs as House gets richer(The Times of India 18th may, 2009)2. Financing Indian Elections Turns Costlier and Murkier(The NYTimes, 5th June2013)3.How do Parties collect money(rediff.com, 24th march 2004)4. Rediff.com » Election » Indian MPs worth over Rs 3,000 crore5. Crime money and winnability( ADR)6. ‘Role of Money Power in Elections” on 8th August, 2009 organised by KeralaJournalists’ Union, Palakkad, Kerala

Proposed Electoral Reforms( Justice Markendaya Katju, The Hindu) 4th report of 2nd Administrative Reforms Commission Indian Politics- For the rich and powerful

Association for Democratic reforms www.en.wikipedia.org www.eci.nic.in Articles:

1. 300 crorepati MPs as House gets richer(The Times of India 18th may, 2009)2. Financing Indian Elections Turns Costlier and Murkier(The NYTimes, 5th June2013)3.How do Parties collect money(rediff.com, 24th march 2004)4. Rediff.com » Election » Indian MPs worth over Rs 3,000 crore5. Crime money and winnability( ADR)6. ‘Role of Money Power in Elections” on 8th August, 2009 organised by KeralaJournalists’ Union, Palakkad, Kerala

Proposed Electoral Reforms( Justice Markendaya Katju, The Hindu) 4th report of 2nd Administrative Reforms Commission Indian Politics- For the rich and powerful