ELECTIONS '98
COMMENTARY
SPECIALS
INTERVIEWS
CAPITAL BUZZ
REDIFF POLL
DEAR REDIFF
THE STATES
YEH HAI INDIA!
ARCHIVES

EC backs down on Model Code, but steams up on criminalisation

The Election Commission on Friday went back on its proposal to give legal status to the Model Code of Conduct, but took forward its fight against criminalisation of politics.

Any person accused of an offence punishable with imprisonment for five years or more, the EC desired, should be disqualified from contesting elections, provided a competent court has framed the charges.

The turnaround in the Commission's view on the Code of Conduct, and the radical measure against criminalisation, form part of a booklet, Electoral reforms -- views and proposals, released by Chief Election Commissioner Manohar Singh Gill in New Delhi.

Dr Gill said the booklet had been brought out in the wake of an all-party meeting on electoral reforms, convened by the home ministry.

Besides reiterating the EC's stand on the 24-point agenda decided in the meeting, he gave eight additional proposals.

The Commission was against having a uniform automatic disqualification for six years of all those found guilty of corrupt practices, and said the existing system, wherein there is flexibility in the quantum of punishment to be meted out to a candidate found guilty of corrupt practice, should continue.

Dr Gill said the EC should be entrusted with the task of delimiting constituencies and ironing out the imbalances that crept in from time to time, including the rotation of seats for reserved categories.

The CEC also wanted that matters arising out of the Anti-Defection Law be referred to it through the President or the governor, as the case may be.

He said the multi-member EC was a completely impartial body. If decisions relating to defection were taken by the President or the governor based on the Commission's recommendation, they would receive more respect, besides being arrived at more expeditiously.

The Commission also said the present age limit for membership of Parliament and state legislatures should remain unchanged. Neither was the EC for reducing the age limit for legislature membership.

The EC was of the view that, for the present, the existing restriction limiting the contest to two constituencies of the same class may continue. There was no need for further amendment, the CEC felt.

On donation by companies to political parties, the Commission believes, in a democracy, companies should be allowed to contribute for political causes. However, such contributions should be limited to a reasonable level, and all transactions completely transparent.

About the registration and de-registration of political parties, Dr Gill suggested that a clause may be added under the existing Section 29a of the Representation of the People Act, 1951, to authorise the EC to issue necessary orders in this regard.

Dr Gill said if given the power to delimit parliamentary and assembly constituencies and remove distortions periodically, the EC would do so according to well considered norms, which it would evolve in consultation with political parties. Such norms would be made known to the general public.

The Commission reiterated that it wanted the inclusion of money spent by a political party in the election expenses of a candidate for purposes of putting a ceiling on poll expenditure.

Dr Gill also wanted the EC to be empowered to decide the ceiling on election expenses before every general election.

The Commission said it wanted to be kept informed of the deliberations of the Committee on State Funding of Elections, and expressed a desire to interact with it.

He also recommended the Commission to have the power to countermand any election on the report of the observer concerned, in addition to the returning officer.

Other recommendations of the Commission are on proxy voting for armed forces and paramilitary personnel, empowering the EC to frame disciplinary rules for election officers, and ban on transferring election officers on poll eve.

UNI

Tell us what you think of this report