Thursday, May 8, 2008

Maladies Plaguing the Electoral System - Solutions

from : http://sify.com/news_info/lspolls/pollprimer/fullstory.php?id=13401162

The National Commission to Review the Working of the Constitution (NCRWC) has identified 3 MPs - money power, muscle power and mafia power - and 4 Cs - criminalization, communalism, corruption, and casteism that plague the electoral system in India. This is not the first time that somebody recognised this bitter truth. The declining standards of governance which is visible right from the time politicians contest elections in order to rise to positions of power has been a major cause for worry among citizens. In the last ten years there have been at least four major attempts to find ways of reforming the system.

EFFORTS AT REFORM

1. Dinesh Goswami Committee (1990) looked at all major problems affecting the electoral system staring with incorrect voter lists to booth capturing and rigging of elections.

2. Indrajit Gupta Committee (1998) looked at the issue of election expenditure and the options for reforming campaign finances.

3. Law Commission of India in its 170th report on Electoral Laws (1999) dealt with reforming the FPTP system and legal ways of keeping criminals out of politics.

4. National Commission to Review the Working of the Constitution (2002) addressed the systemic problems affecting elections and suggested reform options.

Elections and Money Power

In India winning elections requires more than merely getting the highest number of votes. Candidates have to spend huge sums of money on their election campaigns. According to a study conducted during the 1999 Lok Sabha elections of 25 sample constituencies, the top four candidates who secured the highest number of votes in a constituency spent between Rs. 80-100 lakhs each.

Transportation - jeeps and other vehicles including the cost of fuel - is the most expensive item followed by printed pamphlets, posters, banners, buntings, cut-outs, mikes and loud speakers.

This estimated figure does not include the invisible costs such as -money spent on securing the party ticket, incentives like liquor, clothes or grains doled out to voters to buy their votes, money spent on campaign agents and also muscle men hired to intimidate voters and other related costs. This study found that 95% of the winning candidates from these 25 constituencies were from the rich class. Given such large amount of money required to win elections it is not surprising that the average citizen stays away from active politics.

It is not true that there are no limits over how much money candidates can spend on their elections. The Election Commission has fixed expenditure limits for both MP and MLA elections. At present a candidate can spend between Rs. 10-15 lakhs on an MP election and between Rs. 3-6 lakhs for MLA elections.

The actual figure varies from state to state as the limits are proportional to the size of the electorate in each state. Every candidate must present his/her accounts after the completion of elections to the Election Commission. Failure to submit accounts is considered a ‘corrupt practice’ and becomes a valid ground for disqualifying the candidate from contesting elections for six years.

When compared to the actual election expenditure incurred, it is obvious that every candidate violates the upper limit fixed by the Election Commission. But the escape route is provided by Sec. 77 of The Representation of the People Act 1951. Under this clause money spent by the political party to which a candidate belongs or by his friends, or any third person in his/her favour will not be included while calculating the election expenses of the candidate. In other words, there is no limit on the amount of money a candidate can spend through third parties.

With the exception of the political parties no other third party is required to tell the Election Commission how much money they spent during the elections.

Where does the politician get these huge sums of money from? Those who want favours from politicians contribute big money to their election campaign. Often this is black money which runs into several thousand crores.

The Indrajit Gupta Committee on State Funding of Elections suggested that the candidates be provided non-cash funding from the taxpayer’s money during elections. This would be in the form of free time on the radio and TV, free copies of electoral rolls and voter slips.

The National Commission to Review the Working of the Constitution suggested that the limits on campaign spending be raised to reasonable levels given the current reality. But these reforms should go hand in hand with stricter rules for auditing the accounts presented by candidates and political parties. A bill to amend the election campaign finance law has been introduced in Parliament last year. This includes provisions for giving free election material to candidates of recognised political parties

also see :

For state funding of elections

A multi-party parliamentary committee under the chairmanship of Indrajit Gupta recommends partial state funding of recognised political parties and their candidates in elections.


http://www.thehindu.com/thehindu/fline/fl1604/16041100.htm

No comments: