Page 241 - Leap of Faith inside pages with cover (1)

Electoral Reforms - Way Forward Chapter 9

Some of the more important reforms sought by the playing field between contestants, adversely impac ng the
Elec on Commission are as below- fairness of elec ons. Publishing paid news in connec on
with elec ons should be recognised as corrupt prac ce and
Power to de-register poli cal par es: Many poli cal par es
enjoy the income tax benefit, permi ed to them, without electoral offense punishable with two years imprisonment.
contes ng any elec on. While Elec on Commission can Restric on on number of seats one can contest from:
register associa ons as poli cal par es under Sec on 29A At present under the provisions of Sec on 33 (7) of
under Representa on of the People Act, 1951 it has no Representa on of the People Act, 1951, a person might
express power to de-register them. The Elec on Commission contest from two seats at a me. This necessitates bye-
seeks power to de-register such par es if they fail to contest elec on in one of the cons tuencies, in case both are won
any elec on for specific period, say ten years con nuously. by him/her. Besides relinquishing a seat won cons tutes an
injus ce to the people of the cons tuency who had voted
Tax relief for contes ng par es only: At present poli cal for a par cular candidate. The Elec on Commission seeks
par es enjoy tax-exemp on for income from house
an amendment in the Act to prohibit contes ng of more
property, income by way of voluntary contribu ons, than one cons tuency at a me by a candidate. However, if
income from capital gains etc under Sec on 13 A of the
the exis ng provisions are to be retained, it is
Income Tax Act, 1961. There are apprehensions that a
recommended that a candidate contes ng from two seats
number of poli cal par es, which do not contest the
should bear the cost of the bye-elec on to the seat that
elec ons, are formed merely to avail those benefits. he/she decides to vacate in the event of winning both seats.
These benefits should be applicable only to those
poli cal par es that contest elec ons. Inclusion of print media and intermediaries under in 48-
hour silence period: Sec on 126 of the Representa on of
Modifica on in Contribu on Form: At present a poli cal the People Act, 1951 prescribes cessa on of elec oneering
party needs to disclose to any contribu on of INR 20,000 ac vi es like holding public mee ngs, performances,
or more received in its party fund. The disclosure can, adver sement through cinematograph, television or
however, be circumvented if the contribu ons are made similar apparatus 48 hours before the hour fixed for
in smaller installments by the same donor during a single conclusion of poll. The Elec on Commission favours
financial year. Form 24A, appended to Conduct of extension of the provisions of Sec on 126 to print media
Elec ons Rules, 1961 does not have columns to reflect and digital intermediaries on the lines of 'electronic media'
smaller contribu ons even if they aggregated to a larger to facilitate voters at an unprejudiced opinion.
amount. Form 24A should be so modified as to reflect all
Making bribery in elec ons a cognizable offence: The
contribu ons from the same donor if they equaled or
exceeded INR 20,000 during the same financial year. scourge of money power in elec ons in all its
manifesta ons like cash, gi , freebies and intoxicants etc
Making electoral paid news penal offence: Publishing paid are on the rise. Inducements and bribery tend to distort
news in connec on with elec ons is a disinforma on freeness and fairness of elec ons. While Sec on 123 (1)
exercise that can wrongly influence the electoral choice of of the Representa on of the People Act, 1951 defines
voters. It also involves unaccounted/underreported bribery broadly, the Sec on 171E of Indian Penal Code
expenses. Paid news, therefore, undermines the level mandates punishment for bribery (when not limited to

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