Election Commission seeks poll reforms

Mangalore Today/DHNS

NEW DELHI, August 16, 2013: At a time when the government is trying to shield political parties from scrutiny under the Right to Information Act, the Election Commission of India (ECI) wants sweeping reforms to bring transparency to and decriminalise the electoral system.

About a week ago, the ECI sent its proposal to the Law Commission of India suggesting disqualification of candidates accused in cases filed six months before a poll and charged with an offence punishable by imprisonment of five years or more, even if a court frames charges against them.

The commission said that “irrespective of the principle that a person is deemed innocent till proven guilty, such a restriction would be reasonable in larger public interest”.

 

Interestingly, most of the recommendations were pending with the government for years, with authorities ignoring repeated reminders from the poll body about the need for effective poll reforms.

The ECI has dispatched all pending proposals to the Law Commission, so that it can also ask the government to make the amendments to the Representation of People Act. The recommendations come at a time when the government is planning to bring an amendment to the Act to prevent debarring of political leaders from contesting polls following a recent Supreme Court verdict.

The ECI also said it should be allowed to de-register political parties. At present, the ECI has the power only to register them.

The ECI also said there should be total ban on opinion polls. Though there is a ban on conducting and disseminating results of exit polls from commencement of polls till their completion, there is no restriction on conducting opinion polls or disseminating their results, even in phased elections.

The ECI also reiterated that there should be complete ban on government-sponsored advertisements at least six months prior to the expiry of the term, and in the case of premature dissolution of the House, from the date of dissolution.

For speedy disposal of poll-related petitions, additional judges in High Courts should be appointed. Candidates should be allowed to contest from only one seat to prevent by-polls. At present, they are allowed to contest from two seats. If restricting to one seat is not possible, the commission proposed that if a person contests from two seats and wins both, resulting in a by-election from one, he should deposit an appropriate amount with the government for causing the by-poll.

The ECI also suggested that the Law Commission punish candidates for filing wrong affidavits and suppressing information regarding assets or criminal cases, auditing the expenditure of both political parties and candidates, and a two-year prison term for candidates for publishing or abetting paid news.