Page 257 - Leap of Faith Vol - 2

Electoral Reforms – Way Forward Chapter 11

is none on the expenditure the political party incurs on Section 60 of the Representation of the People Act, 1951
his/her campaign. As such there is no limit to the that Non-Resident Indian citizens might enjoy the facility
expenditure by a political party on the election campaign. of postal ballots at par with Service Voters.
The Election Commission favours a formula of ceiling for
Reforms related to electoral management: A candidate in
expenditure by political parties through an amendment Parliamentary and State legislature election who either
in the Representation of the People Act, 1951 and Rule 90
fails to furnish or provides wrong information in his
of the Conduct of Election Rules, 1961. It should not be nomination papers regarding his/her assets, liabilities, and
more than 50 percent of the expenditure limit provided educational qualification etc. could attract a penalty
for candidate, multiplied by number of candidates of the extending to six months of imprisonment or fine or both
party contesting in the elections. under Section 125A of the Representation of the People Act,
1951. The Election Commission favours that filing of false
Reforms related to Electoral Roll: Article 325 of the
affidavit should be included under “corrupt practices” under
Constitution of India ordains that there shall be one
Section 123 of the Representation of the People Act, 1951,
general electoral roll for every territorial constituency for
thereby becoming a ground for disqualification; and should
election to either House of Parliament or the House(s) of
be punished with 2 years of imprisonment without
legislature of a State. Under Article 324 the power to
alternative of fine (as recommended by the Law
superintend, direct and control the preparation of this th
Commission in its 244 Report).
electoral roll is vested with the Election Commission of
India. However, when subsequently the Parts IX (The De-criminalisation of Politics: Criminalisation of politics
Panchayats) and IXA (The Municipalities) were inserted is a major challenge to free and fair elections. Election
Commission of India advocates a proactive measure that
into the Constitution through Constitution (Seventy-
could be actualised through amendment in Section 8 of
Third) Amendment Act, 1992 and Constitution (Seventy-
the Representation of the People Act, 1951. It is proposed
Fourth) Amendment Act, 1992 respectively, the power to
that persons charged with cognisable offences shall be
superintend, direct and control the preparation of
de-barred from contesting in the elections, even when
electoral rolls for those elections was bestowed upon the
State Election Commission under Article 243K and 243ZA the charges are framed by the competent court, provided
that the offence carries a sentence of at least five years,
respectively. This leads not only to costly duplication of
and the case had been filed at least six months prior to
work, and non-uniformity of rolls, but confusion amongst
the election in question.
the voters who might find their name included in one roll
but missing in the other. Election Commission of India Bribing the voters in cash, kind, offer or promise is an
proposes a common electoral roll for Parliamentary, electoral malpractice aimed at disturbing the level
playing field in elections. Bribery, at present, is a bailable
Assembly and local body polls.
offence attracting minimal punishment. Election
While Indian citizens living abroad can register as voters, Commission of India favours amendment in Sections
they must be physically present in their relevant 171B and 171 E of Code of Criminal Procedure (Cr.Pc),
constituency to exercise the franchise. Election 1973 to make bribery a cognisable offence with minimum
Commission of India also proposes amendment in two years of imprisonment.

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