MPs divided over changes in RS election law

By Our Legal Correspondent

NEW DELHI, NOV. 24. Divergent views were expressed by Members of Parliament on the proposed changes contemplated by the Government in the laws on Rajya Sabha elections. At a seminar here some felt that such changes would impinge on the country's federal character, others were of the view that these changes would help remove corruption and bring about transparency in the voting by members.

Recently, the Government announced its intention to amend Sections 3 (requiring a person to be a voter of a particular State for being elected to the Rajya Sabha) and 128 (provides for secret ballot in voting) of the Representation of the People Act to enable anyone from contesting from any State and providing for open ballot in the voting.

Mr. R.K. Anand, the Congress MP, felt that secret ballot was the best form of voting as it ensured free and fair elections. He questioned the bona fides of the Government in bringing these changes in the garb of putting an end to corruption in voting in Rajya Sabha elections.

Mr. Sitaram Yechury, CPI(M) politburo member, said the concept of secret ballot was against the spirit of democracy. When there was secret voting right from the election of panchayat president to the President of the country, there was no need to introduce the open ballot system for the Rajya Sabha elections alone.

If a person was elected from any State, this would go against the concept of federal structure as the rationale behind the criterion that one should be a voter in a particular State was to give a fair representation to that State. If that condition was removed, it would be against the interest of that State, he said.

Mr. M.M. Agarwal, MP, said the proposed changes were ill- motivated. Secret ballot was the essence of democratic elections and once open ballot was introduced it would take away free and fair elections and give room for intimidation and coercion at the time of voting.

On the other hand, Mr. T.N. Chaturvedi, BJP MP, justified the need for bringing in changes in the law which, he said, were intended to remove corruption during voting. For the last 25 years suggestions were being made to change the criterion for being elected from a particular State, and the proposed changes would not in any way violate democratic principles.

Mr. Vineet Narain, Editor, Kal Chakra and Dr. Vinod Sethi, secretary-general of Capital Foundation Society, which had organised the seminar also spoke.

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