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LAW COMMISSION OF INDIA
ONE HUNDRED SEVENTIETH REPORT ON REFORM OF THE ELECTORAL LAWS
MAY, 1999
D.O. No.6(3)(35)/95-LC(LS)
29/05/99/09.06.99
Dear Shri Ram Jethmalani,
I am forwarding herewith the 170th report on the "Reform of the Electoral Laws."
2. The Ministry of Law, Justice and Company Affairs,
Government of India had addressed a letter dated 2/11/95,
requesting the then Law Commission to undertake a
comprehensive study of the measures required to expedite
the hearing of the election petitions. On 3rd August,
1998, a reminder was sent to and received by the present
Law Commission. Even some time before the receipt of the
letter dated 3rd August, 1998, the Commission had suo motu
undertaken a thorough review of the Representation of the
People Act, 1951 including provisions relating to hearing
of election petitions. The underlying objective was to
make the electoral process more fair, transparent and
equitable. The effort was also to reduce the several
distortions and evils that had crept into the Indian
electoral system, to identify the areas where the legal
provisions required strenthening and improvement and to
suggest the requisite measures in that behalf.
Accordingly, the Law Commission prepared a working paper,
to which three draft Bills were also enclosed. One Bill
pertained to amending the Constitution of India, the other
for amending the Representation of People Act, 1951 and the
third to amend the Indian Penal Code.
3. The salient features of the working paper included
inter-alia, introduction of List System, Amendment to the
Tenth Schedule to the Constitution of India, curtailing the
expenditure on elections, amendment of section 8 of the
Representation of the People Act, enhancement of punishment
for electoral offences, measures to ensure expenditious
disposal of election petitions by the High Court, amendment
of section 97 (1) of the R.P. Act, 1951.
4. The working paper prepared by the Law Commission
was communicated to all the recognised political parties,
both at the national and state level, the Houses of
Parliament, the State Legislatures, to the High Court, Bar
Associations, Election Commission, prominent media
personalities, associations and organisations interested in
electoral reforms and many other persons. A large number
of responses were received from parties, persons,
organisations, associations
and individuals. The Law Commission also held four
seminars to elicit informed opinion and views of the
political parties and responsible members of the public.
The first seminar was held on 14th November, 1998 at the
India International Centre, the second seminar was held at
Thiruvananthapuram, the third seminar was held at Bangalore
in the premises of the National Law School of India
University and finally a National Seminar on Electoral
Reforms was held at New Delhi on 23rd-24th January, 1999 at
Vigyan Bhavan, in association with the Bar Council of
India. Many eminent Personalities including the Hon'ble
Prime Minister participated in the said seminar and
projected their views.
5. After thoroughly analysing the views obtained from
various quarters, the Commission has prepared this report
on electoral reforms. The report recommends various
measures which are essential to make our electoral system
more representative, fair and transparent, to strengthen
our democracy, to arrest and reverse the prcess of
proliferation and splintering of political parties and to
introduce stability in our governance. With a view to
achieve the said objectives, we have suggested inclusion of
a chapter regulating the formation and functioning of
political parties, particularly with a view to ensure
internal democracy. The Commission has examined in-depth
the necessity of introducing the List System in the country
and has made recommendations accordingly. The law of
defections contained in the Tenth Schedule to the
Constitution has also been revised; it is now proposed that
a pre-election front/coalition of political parites should
be treated as a "political party" for the purposes of the
Tenth Schedule. The Commission has also suggested that any
political party which receives less than 5% of the total
valid votes cast in the general election to the Lok Sabha
or to a State Legislative Assembly, as the case may be,
shall not be entitled to any seat in the Lok
Sabha/Legislative Assembly, even if it wins any seat(s).
The Commission has also opined that the time is now ripe
for barring indepndent candidates from contesting elections
for Lok Sabha and Legislative Assemblies and has made
recommendations accordingly. The reasons for these several
measures have been stated elaborately in our Report.
6. The Commission has also reiterated its proposal to
delete Explanation-I to section 77(1) of the R.P. Act,
1951, which has been strongly criticised in several
judgements of the Supreme Court and all discerning persons.
We have also recommended enactment of provisions requiring
the political parties to maintain accounts, have them
audited and file them before the election Commission. On
State Funding of political parties, the Commission has
reiterated the recommendations in the Inderjit Gupta
Committee report subject to certain reservations set out in
paragraph 4.3.4. of our Report. Similarly provisions are
in vogue in several other democratic countries.
7. The Commission has also recommended that in case of
electoral offences and certain other serious offences,
framing of a charge by the Court should itslef be a ground
of disqualification in addition to conviction. It has
reiterated several other proposals set out in working paper
except with regard to raising deposits in the case of
independent candidates. The raising of deposits for
independents is unnecessary in view of our other
recommendations to bar the independents altogether and
permitting only political parties (whether recognised or
not) to contest elections subject to the requirement of
obtaining 5% of the total valid votes cast to enable them
to get a seat in Lok Sabha/State Assembly.
8. The Commission has, with a view to check false
complaints, proposed to amend the relevant provisions of
the Criminal Procedure Code.
9. In the interest of transparency, we have also
suggested provisions making it obligatory upon every
candidate to declare the assets possessed by him or her or
by his/her spouse and dependent relations and the
particulars regarding criminal cases pending against
him/her, in the nomination paper itself.
10. We have also suggested measures for ensuring
stability of governments. One of the measures suggested is
a new rule, Rule 198A in the Rules of Procedure and Conduct
of Business in Lok Sabha. We have stressed the necessity
of having one election once in five years for Lok Sabha as
well as State Assemblies and made some suggestions in that
behalf.
11. We have also set out the desirability of adopting
the rule requiring that ony a candidate obtaining 50%+1
votes will be declared elected and the holding of a"run-off" election wherever necessary. The concept of
negative vote also has been discussed and recommended for
consideration.
12. The Commission is of the considered view that there
is urgent and crying necessity to implement the
afore-mentioned measures to reform the electoral system and
to strengthen the democracy in our country.
With regards,
Yours sincerely,
(B.P. JEEVAN REDDY)
Shri Ram Jethmalani,
Minister for Law, Justice &
Company Affairs,
Shastri Bhavan,
New Delhi.
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