Page 255 - Leap of Faith Vol - 2

Electoral Reforms – Way Forward Chapter 11

2002 in Civil Appeal No.7178 (Union of India v/s III. Elec on management issues
Associa on for Democra c Reforms and another) upheld IV. Elec on officials and logis cs
electors' right to be informed about criminal antecedents,
asset and liability status, and educa onal qualifica on etc. V. Nomina on of candidates
It led to the amendment in nomina on forms (Forms 2A to
VI. De-crimininalisa on of poli cs
2E) that are filled by the candidates in the office of the
Returning Officer. VII. Reforms related to poli cal par es
In Lily Thomas v/s Union of India & Ors, with Lok Prahari VIII. Elec on campaign and adver sement
v/s Union of India and Ors, the Hon'ble Supreme Court in IX. Elec on expenses and elec on pe ons; and
its order dated July 10, 2013 struck down as ultra vires the
sub-sec on 4 of the Sec on 8 of the Representa on of the X. Other issues.
People Act, 1951 that allowed convicted MPs and MLAs to
Some of the more important and urgent reforms sought
con nue in the office ll an appeal against such convic on
is disposed of. The judgment outlawed the con nuance of by Elec on Commission of India are-
convicted members in the legislature, or convicted Reforms related to political parties: Section 29 A of the
candidates to contest elec ons. Representation of the People Act, 1951 authorises
Election Commission of India to register associations and
While some demands, or recommenda ons, for electoral
reforms are granted promptly by the Government, there bodies as political parties. No corresponding power,
however, is vested upon the institution to cancel their
are others that take longer me to be accepted. For
instance, records reveal that the demand for having registration for non-compliance or contravention of
mul ple qualifying dates, in rela on to the prepara on of provisions of Sections 29B and 29C. The Election
electoral roll, instead of merely one (January 1), goes back Commission has repeatedly appealed to the Government
to at least 1971 -vide Report on the Fi h General Elec ons to empower it to de-register political parties, on
in India, 1971-72 (P.18). It entailed an amendment to the necessary grounds. This demand finds support from Law
th
Sec on 14 of the Representa on of the People Act, 1950. Commission's 255 Report (2015) and National
It was ul mately granted fi y years later as part of Commission to Review the Working of Constitution
Electoral Laws (Amendment) Act, 2021. Over the years a Report (2002). The Election Commission feels that there
number of electoral reform proposals, ini ated by should actually be a comprehensive legislation titled as
Elec on Commission of India, have been pending with the the Political Parties (Registration and Regulation Act).
Government of India. An Elec on Commission of India
document viz. Proposed Electoral Reforms (2016) lists 49 Ironically, numerous political parties in India exist on
paper without contesting any election. Many of them are
reform proposals divided into ten categories, as listed
below, requiring legisla ve ac on - formed ostensibly to secure income tax benefits, rather
than putting up any candidate in the elections. For instance,
I. Amendment to the Cons tu on of India
there were 2796 Registered Unrecognised Political Parties
II. Electoral Roll ma ers (RUPP) in existence in September, 2021- a growth of 740

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