Monday, Apr 08, 2002
Monday, Apr 08, 2002 |
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By J. Venkatesan
In its report submitted to the Government, the panel, in one of its recommendations, says that no major constitutional amendment is required to bring about such a radical change. The panel is of the view that necessary correctives could be achieved by ordinary legislation modifying the existing laws, particularly the Representation of the People Act (RPA) and in many cases by amending the rules and executive action. Dealing with the persons charged of various criminal offences and corruption in high places, the report says that RPA should be amended to provide that any person charged with any offence punishable with imprisonment for a maximum of five years or more should be disqualified for being chosen as a member of Parliament or Legislature on the expiry of one year from the date of framing of charges by a court. The report says that unless the court discharges the accused from the charges during that one year period, he/she shall continue to remain so disqualified till the conclusion of the trial for that offence. If the court convicts the person and he is sentenced to imprisonment for six months or more, the bar should apply during the period under which the convicted person is undergoing the sentence and for a further period of six years after the completion of the period of sentence.
'Derecognise parties'
The panel also wants that if any such person violates the provision, he should be disqualified and the party, which puts up the candidate with knowledge of his antecedents, should be de-recognised and de-registered. Any person convicted for any heinous crime such as murder, rape, smuggling and dacoity should be permanently debarred from contesting for any political office. Referring to Sec. 8 (4) of the RPA, which enables a sitting Member of the Assembly or the Lok Sabha to contest fresh elections (though he faced the disqualification), the panel says that this benefit should be available only for continuance in office by a sitting Member and not for contesting fresh elections. The RPA should be suitably amended for this purpose. In the matters of disqualification on grounds of corrupt practices, the panel says the President should determine the period of disqualification under Sec. 8 A of the RPA on the opinion of the Election Commission (EC) and avoid the delay currently experienced. The panel also suggests that candidates should not be allowed to contest election simultaneously for the same office from more than one constituency. Dealing with preparation of electoral rolls, the panel recommends that the exercise of preparing the electoral rolls should be entrusted to a qualified professional agency under the supervision of the EC and in coordination with State ECs. Coming down heavily on political parties resorting to campaign on the basis of religion or caste, the panel says that if any such attempt was made to spread caste and communal hatred during elections, it should be made punishable with mandatory imprisonment and the candidates disqualified from contest.
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