Page 242 - Leap of Faith inside pages with cover (1)

Leap of Faith Journey of Indian Elections

treats like food, drink, amusement or provisions) as
imprisonment extending to one year. However, actual
experience reveals that law enforcing authori es feel
handicapped in apprehending the culprits because they
cannot proceed without a warrant issued by a competent
Magistrate under Sec on 200 of the Code of Criminal
Procedure, 1973 (Cr.P.C.) to search and arrest any person
despite specific informa on about corrupt prac ces. The
violators o en evade legal ac on. The Elec on
Commission, therefore, proposes that Sec on 171 B and
171E of the Cr.P.C, 1973 be amended to make bribery a
cognisable offence.
Enhancing penalty for false affidavit - At present under
Sec on 125 A of the Representa on of the People Act,
1951 filing of false affidavit before the Returning Officer by
a candidate could a ract a penalty of maximum six months
of imprisonment or fine (or both). Filing false affidavit
affects the purity of elec ons; and could poten ally
mislead the electorate. Elec on Commission of India feels
the current penalty provisions are grossly inadequate and
should be enhanced to two years of imprisonment without
the alterna ve of fine. The offence should also be included
in the list of offences under Sec on 8 (1), which would Commissioner. Since October 1, 1993 when two
addi onal Elec on Commissioners were appointed, a
a ract disqualifica on on convic on irrespec ve of the mul -member Commission has been in opera on.
term of sentence.
The Dinesh Goswami Commi ee (1990) in its Report on
●●● Electoral Reforms had recommended certain provisions
aimed at strengthening the posi on of the Commission
A permanent and autonomous Elec on Commission of for the benefit of free and fair elec ons in India. Based
India - vested with powers of superintendence, direc on
largely on those recommenda ons Elec on Commission
and control of prepara on of electoral rolls, and the
demands three reforms that would entail cons tu onal
conduct of all Parliamentary and State elec ons and amendments.
elec ons to the offices of President and Vice President in
accordance with Ar cle 324 of the Cons tu on of India - 1.) Cons tu onal protec on to all members of the Elec on
is the backbone of free, fair, transparent and credible Commission on lines of the Chief Elec on Commissioner.
elec ons in India since the proclama on of the Republic. At present, Ar cle 324 (5) provides protec on only to
Ini ally, the Commission had only a Chief Elec on the Chief Elec on Commissioner who could not be

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