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2.1 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 courts, bar
associations, Election Commission, prominent media
personalities, associations and organisations interested in
electoral reform and many other public-minded persons. A
large number of responses have been received from parties,
persons, organisations, associations and individuals which
have been duly collated. In addition to circulating the
working paper, the Law Commission also held four seminars
to elicit informed opinions and views of the political
parties and the responsible members of the public. The
first seminar was held on 14th November 1998 at the India
International Centre. It was a one-day seminar comprising
two sessions. The morning session was devoted to
introduction of list system and amendment of Tenth Schedule
while the second session was devoted to proposals for
curtailing expenditure on elections and the measures to
curb the entry and influence of criminal elements. Certain
political parties viz., BJP, CPI(M), CPI, DMK and Shiromani
Akali Dal were represented by their spokesmen S/Shri Jana
Krishnamurthy, Sitaram Yechury, A.B. Bardhan, T.R. Balu
and Manjeet Singh Khera, respectively. Shri Shivraj Patil,
MP (former Speaker of Lok Sabha) and Shri Kapil Sibal, MP
(a senior advocate) who are members of Congress-I, also
participated but in their individual capacity. Besides the
above, senior journalists S/Shri H.K.Dua, C.R. Irani,
Inderjit, N.Ram and S.Sahay and senior advocates Shri
Shanti Bhushan (former Minister for Law, Government of
India), Shri Soli Sorabjee (Attorney General), Shri
Rajinder Sachhar (former Chief Justice Delhi High Court),
Shri T.R.Andhyarujina (former Solicitor General of India),
Shri P.P.Rao, Shri Jitender Sharma and Shri M.C.Bhandare
participated. Shri Ram Jethmalani, the Hon'ble Minister
for Urban Development participated in both the sessions.
Dr.K.C.Sivaramakrishnan, from the Centre for Policy
Research, New Delhi, Shri V.K.Samayak, President, Voters'
Forum, New Delhi, and Shri N.N.Vohra, Director, India
International Centre, also participated. The participants
put forward several valuable suggestions, observations and
comments all of which have been duly recorded in the
minutes of the seminar prepared by the Law Commission.
2.2 The second seminar was held at Thiruvananthapuram
in the auditorium of the Bar Council of Kerala. Several
senior advocates and members of Bar Council of Kerala
participated therein which was also addressed by Shri
Justice V.R.Krishna Iyer, former Judge Supreme Court of
India and an eminent public figure. The minutes of this
seminar have also been prepared by the Law Commission.
2.3 The third seminar was held at Bangalore in the
premises of the National Law School of India University.
Several academicians and professors of law participated in
this seminar. The minutes of this seminar have also been
prepared by the Law Commission.
2.4 Finally, a National Seminar on Electoral Reforms
was held, at New Delhi on 23-24th January, 1999 at Vigyan
Bhawan, in association with the Bar Council of India. It
was inaugurated by the Hon'ble Prime Minister of India Shri
Atal Bihari Vajpayee and was presided over by the then
Minister for Law, Justice & Company Affairs Dr.M.Thambi
Durai. Shri Justice M.N. Venkatachaliah, Chairperson,
National Human Rights Commission was the Chief Guest at the
inaugural session which was addressed by the Chairman and
Members of the Law Commission and of the Bar Council of
India. In his inaugural address, the Prime Minister of
India supported the proposals of the Law Commission with
respect to introduction of list system, amendment of the
Tenth Schedule to the Constitution and amendments to
curtail the expenditure on elections and regulation of
receipts and expenditure by the political parties. With
respect to list system, however, the Hon'ble Prime Minister
opined that the suggestions in that behalf may required
deeper consideration. So far as the amendment of section 8
of the Act is concerned, the Hon'ble Prime Minister
expressed his agreement while clarifying that mere filing
of charges should not be the basis for disqualification.
The then Law Minister expressed the anxiety of the
Government to bring about reform of electoral law in the
interest of a transparent, fair and clean electoral
process. Shri Justice M.N.Venkatachaliah commended the
initiative taken by the Law Commission in the matter of
electoral reform and called for serious and prompt
legislative action by Parliament to remove the distortions
and defects in the system.
2.5 The National Seminar was divided into five working
sessions besides the inaugural and the valedictory
sessions. The first session dealt with the amendment of
Tenth Schedule to the Constitution. It was presided over
by Shri I.K.Gujral, former Prime Minister of India and the
main speakers were Shri Shivraj Patil, former Speaker of
Lok Sabha and Shri Justice V.R. Krishna Iyer. The second
session was presided over by Shri S.Jaipal Reddy, MP
(Janata Dal). This session was devoted to introduction of
list system. The main speakers were Shri Justice
B.P.Jeevan Reddy, Chairman, Law Commission of India,
Dr.N.M.Ghatate, Member, Law Commission of India and Shri
D.V. Subba Rao, Member, Bar Council of India. The third
session on the morning of 24th January was devoted to
curtailing of election expenditure and regulation of income
and expenditure of political parties. This session was to
be presided over by Shri Inderjit Gupta, MP (former Home
Minister) but on account of the delay in the flights, he
could not reach Delhi in time. Shri Somnath Chaterjee, MP
[CPI(M)] presided over this session. The main speaker at
this session was Shri K.K.Venugopal, senior advocate. The
next session pertained to the problems concerning hung
Parliament. It was presided over by Shri Arun Mishra,
Chairman, Bar Council of India and the main speakers were
Shri K.L.Sharma, Vice President of BJP, Shri Justice
K.N.Saikia, former Judge Supreme Court of India and Shri
T.P.Singh, senior advocate and Member, bar Council of
India. The last session discussed the criminalisation of
politics including the proposed amendment of section 8 of
the Act. It was presided over by Shri P.A.Sangma, MP
(former Speaker of Lok Sabha). The main speakers at this
session were Shri Dileep Padgaonker, Executive Editor, The
Times of India and Shri V.R.Reddy, senior advocate and
former Additional Solicitor General of India.
2.6. In all the above sessions, a large number of
persons from political parties, Bar Council of India, bar
associations and other public bodies and organisations also
spoke.
2.7. The concluding/valedictory session was presided
over by Shri George Fernandes, the Hon'ble Defence
Minister. The valedictory address was delivered by Shri
Justice V.R.Krishna Iyer, former Judge, Supreme Court of
India.
2.8. The entire proceedings of this two-day National
Seminar were tape recorded.
2.9. The Law Commission has looked into the vast amount
of literature on the subject of electoral reforms, in
particular, the opinions expressed therein touching the
issues considered in this Report.
For more information:
Telephone Us: 011-46081209, 011-64598338, 91-9891155057, 91-9868340420
Email Us: info@youthforequality.com
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