National
Statute panel releases new paper on electoral reforms
By J. Venkatesan
NEW DELHI, DEC. 17. Stung by the criticism and negative response to its earlier study paper relating to electoral reforms, the National Commission to Review the Working of the Constitution is said to have rejected that paper, and instead, quietly released a new one.
In January last, the Commission released seven study papers, including those on electoral reforms and political parties for generating public debate and discussion.
As some of the suggestions included providing a fixed tenure for Parliament and the Legislatures and indirect elections to the President, there was widespread criticism not only for the suggestions but also over the ``poor'' quality of the study paper.
In his Republic Day-eve address, the President voiced concern over attempts to tinker with the basic structure of the Constitution. The chairperson of the statute review panel, Mr. Justice M.N. Venkatachalaiah, quickly responded by reassuring the Head of the State that nothing would be done to undermine his authority or the Parliamentary form of democracy.
Most of those who responded to this paper were of the view that no attempt should be made to change the basic structure of the Constitution.
The Congress and other political parties also expressed the fear that ``the review'' was a ploy devised by the BJP to implement its hidden agenda and an attempt to ensure that the 1999 experience when Mr. Atal Behari Vajpayee was unseated by one vote, was not repeated.
It was in this context that the panel decided to reject its earlier paper and released a more scientifically analysed document under the title `Electoral system and anti- defection law - review and reform options' and has invited people's response for this paper. Here are some of the suggestions:
With a view to putting an end to the criminalisation of politics, the panel has suggested deletion of Sec. 8 (4) of the Representation of the People Act, which provides for immunity to a sitting member of the Legislature or Parliament from disqualification even if he/she was convicted.
Maintaining that there were several flaws in the present system of declaring a candidate elected in an election, the paper suggests that (to begin with) a candidate should secure not less than 40 per cent of the votes polled. If not, a second ballot between the first two candidates and any other candidate who has secured not less than 25 per cent of the votes in the first ballot, is to be held and the person getting the majority of the votes is to be declared elected.
To check the menace of money power in elections, it has been suggested to fix a ceiling on election expenses of both the candidates and the political parties. The Election Commission should be empowered to countermand any election if it was found that the poll was vitiated due to excessive use of money.
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