PROBLEM STATEMENT

India has the distinction of being the largest democracy of the world. Elections are the most important and integral part of politics in a democratic system of governance. While politics is the art and practice of dealing with political power, election is a process of legitimization of such power. Democracy can indeed function only upon this faith that elections are free and fair and not rigged and manipulated, that they are effective instruments of ascertaining popular will both in reality and in form and are not mere rituals calculated to generate illusion of difference to mass opinion, it cannot survive without free and fair elections. The election at present are not being hold in ideal conditions because of the enormous amount of money required to be spent and large muscle power needed for winning the elections.

The health of a democracy depends on the choice of representatives and leaders, which in turn is directly linked to the way political parties function and elections are conducted.

Violence, pre-election intimidation, post election , victimisation, most of the riggings of any type, booth capturing both silent and violence are mainly the products of muscle power.

Oftenly we see that in money power poltics, there are MAFIA’S, CONTRACTOR’S ,Corparate’s money is involved which leads the political party to give them some undue benefit from the government.

By the help of criminals, earlier also said by the MR. N.N.VOHRA in 5 October 1993 “candidate oftenly use the muscle power in poltics by indulging in petty crime at the local level, mostly relating to illicit distillation/gambling organized satta & prostitution in the larger towns”. After winning the election they got the political shield.

The candidate’s desire to win the election and getting the power at any cost is the main cause of this problem.

No fear of administration and police.

Internal functioning of the political parties: NOT giving the ticket on the basis of candidate’s merit but winnability of the candidate.

At different time the general election, assembly election also increase the money spent in the time of election.

Lack of transparency in the financing of the political party.

The electoral system in any country should support and strengthen the empowerment of the people of the country to exercise the system to guarantee an equitable framework of economic and social justice.

There is a widespread and increasing disenchantment with politics and politicians in India. There is a growing public awareness of the rampant entry of criminal elements into the political arena. For example, in the current Lok Sabha, nearly a quarter (23.2%) 5 of the MPs have reported criminal cases against them. One out of two among them (over 50%) has cases that could attract penalties of imprisonment of five years or more. While token attempts at reforming the electoral system have been made from time to time over the last many years, to take care of some these distortions, particularly whenever it has suited the party in power, there has hardly been any attempt at making any significant and substantial changes in the electoral system. That’s why we choose this topic.

PROPOSED SOLUTION AND CAMPARISON WITH EXISTING

Candidate should not be allowed to contest election simultaneously for the same office from more than one constituency. After winning the both seats he have to quit one of seat from which he is contesting ,which further invites the election in one of constituency. This step will also curb the expenditure of the candidate and as well as government. In existing system candidate is prohibited more than two constituency not more than one.

Make a data base of the THUMB impression of all the voters before election held in the country which lead to us a fair voting system. By this step, we can stop false voting by the help of money and muscle power and this will lead us in more transparent voting, exception should exempted.

Before the 6 months of the completing the term of any government, there should be no PAID advertisement in the media (electronic or print) regarding any scheme or program of the government except the HEALTH CARE. This will curb the expenditure of government and give the opposition party same competition. This is not yet in the existing system

There should not be no discloser of area of the counting by which candidate or political parties can’t harass or victimize voters because of their getting less votes in a specific polling station. This will curb the muscle power in the politics and lead us in fair election. In existing system anyone can excess the poling figure of specific poling station by the help of RTI.

Ideally we should not allow any candidate whom a charge has been framed by a court of law, in a criminal case for which the punishment is imprisonment of two years or more, and (b) any political party that gives a ticket to such an individual be “deregistered and derecognized forthwith”. This will curb the crimilization of the politics due to which this muscle power problem generally happen. If a candidate is proved guilty in any court of Law ,he will be debarred from election until and unless his innocence is not being proved by higher court And if candidate charge sheeted by the police /any agency in the serious case like murder /rape it can’t be contest the election but in our existing system he can contest the election after filing petition in higher court.

Multi cornered election is our strength as well as weakening reason for our democracy. So to overcome from this it is necessary that there should be 2 round of polling. It will increase the cost but after this we will choose the candidate by more democratic means. In first round, if the candidate got the 50% of the vote from the total casted vote then candidate will be considered as elected. And if not got 50% vote from the total casted vote then in second round only top 2 candidate will contest the election and there should be no campaigning for the second round of election by the candidates. And the second round should be completed with in the 3 days of announcement of the first round of election result. No revision of electoral roles, and no fresh nominations, it will not cause a delay. This can become game changer in the politics and in the existing system only one round of election happen.

In EVM OR BALLOT PAPER there should be a option of “none of above” which comes under the Right To Reject. And if this none of above get highest vote from other candidates then fresh election should be held. And only one candidate allow to contest again which got the highest vote after none of the above, rest should be disqualified from the next election. This will curb the muscle power in politics and lead us in fair election. Not happened yet in the existing system.

To stop the election expenses we should also focus on surrogate candidate, so if any candidate got the less than 3% of the votes from the total casted vote then he will be debarred for 6 years for contesting the same post. It will curb the election expenditure of the candidate and lead us to fair election. In the existing system only the deposit amount is kept by the election commission. And there should be revision in the deposited money criteria.

All assembly and general election should be held at the same time. And if all state not agree on this, then atleast those state whose election is in 1 year around (either earlier or later) the general election should be at same time. It will cut down the election expenditure by the candidate and also save the money of government. Not happened till yet in our system.

There should be transparency in the funding of the political party. The political party should make a proper account in which their all funding come. The minimum limit of 20 thousand should be come down to 5000 rupee. And the parties account should be audit by auditor authorized by comptroller auditor general. This will help to curb the money power used in the election.

A political party may accept donations or contributions voluntarily offered to it by any company, association, organization or person except from the following sources:

1.1 from foreign nationals or foreign governments.

1.2 organizations or associations registered outside the territory of India.

1.3 from any other association, organization or group which is in receipt of foreign funds from foreign nationals or from other sources.

1.4 donations from corporate bodies and companies except in accordance with the provisions of the Companies Act, 1956.

1.5 communal or anti-national sources.

1.6 Union Government or State Government including Government undertakings.

1.7 anonymous givers.

1.8 any other company which has been in existence for less than three financial years.

2. For every amount received by the party including membership fee receipt shall be issued by an office bearer of the party. Similarly every expenditure shall be supported by a voucher.

3. The amount or, as the case may be, the aggregate of the amounts which may be so contributed by a company in any financial year shall not exceed five per cent of its average net profits determined in accordance with the provisions of sections 349 and 350 of the Companies Act 1956 during the three immediately preceding financial years.

4. The Executive Committee of a political party shall cause to be maintained by itself and all the local units regular accounts clearly and fully disclosing the sources of all amounts received by it, and clearly and fully disclosing details of the expenditure incurred by it. The accounts shall be maintained according to the financial year in such books of account and registers as may be prescribed and have them audited by a Chartered Accountant approved by the Registrar every year and make the account books and the report of the auditor available for inspection by the Registrar as and when demanded by him. The Registrar may direct a special audit of the accounts of any year of a party or of any local unit.

5. The accounts shall also be open for inspection by the members of the party and they shall also be entitled to obtain copies of such accounts or any part thereof.

6. The custody and control of the funds of a political party shall vest in the Treasurer of the party and he shall be solely responsible for it. If it is considered necessary the Executive Committee of a party may create an office of Assistant Treasurer to assist the Treasurer.

7 . If the Registrar finds on verification undertaken whether suo motu or on information received, that the statement of accounts filed under sub-section (1) is false in any particular, the Registrar shall levy such penalty upon the political party, as it may deem appropriate besides initiating criminal prosecution as provided under law.

8. Any order passed under sub-section (7) may be directed by the Registrar to be published in the press and other media, for public information.

In form 26 there the information should include details like name of companies with controlling shareholding interest, directorship in various trusts and companies Amendment should be made to Section 125A of the R.P. Act, 1951 to provide for more stringent punishment for concealing or providing wrong information on Form 26 of Conduct of Election Rules, 1961 to minimum two years imprisonment and removing the alternative punishment of assessing a fine upon the candidate, and (b) Form 26 be amended to include all items from the additional affidavit prescribed by the Election Commission, add a column requiring candidates to disclose their annual declared income for tax purposes as well as their profession. This will help us to curb the money power .

Explanation 1 to section 77(1) of the Representation of the People Act, 1951 should be deleted. All the expenses by the candidate as well as by his political party or his friends and his well-wishers and any other expenses incurred in any political activity on behalf of the candidate by an individual or a corporate entity should be consider in the expenditure of the candidate. This will help us to curb the money power in the politics.

The campaigning period for the election should be less than present time . This will curb the money power in the election.

IMPLEMENTATION OF THE SOLUTION

To avoid a candidate for contesting from more than one constituency by amending the rule section 33(7) of RP act 1951. it depends on the will power of the government. Then it can easily implement by the Election commission.

To collection of the thumb impression of the voters, can be done by different central and state govt. schemes like census or other. All the human resources which are involved in these schemes can be utilized. By this way we can generate a data base which can be utilized in next different elections. With the help of this data we can easily identify a voter by using the Biometric scan machine at every polling station. When a voter impress his/her thumb on machine, it can be identified by its photo, thumb, voter id number. By this way we can increase attract around 5 % of voter which are unable to come on polling because of different ambiguities in Voter list. As we know we have 746 million polling booths in all over India so EC have to arrange this much of Biometric scan machine which cost 400crore.

Paid advertisement in media shall be banned before 6 month of polling that is fully dependent on the will power of Government and CEC.

There should be an amendment in the rule of RTI and make a decision to keep away this (how much % of vote a candidate got from a specific region) matter from the RTI. And at the time of counting of votes the announcement should not be announce regarding the any polling station. With the help of CEC strong recommendation and government will power it can be possible.

Debarring the candidate from the election if he found guilty from any court of law and can’t contest the election till his innocence proved from the above court and if any candidate chare sheeted in a serious case like murder/rape should be debarred from the election needs the amendments in the Representation of Peoples Act by the law and justice ministry of govt. of India.

To start NONE of the Above option CEC has to come with the new option of NON of The Above in EVM. It is a

part of Right to Reject which need the constitutional acceptance by the Govt.

All the preparation regarding the 2nd round polling should be completed with the 1st round of polling preparation (Regarding the shuffling of the presiding officer and others). And there should be no campaigning for the 2nd round and no need to fresh nomination by the candidate. Election observer should be ready for the 2nd round of election with more consciously. It cost more than the earlier existing election but lead us more transparency. As the time passes this decision will be game changer in the politics. All the rules of 1st round of election will be same until the 2nd round will be completed.

For holding the elections of general and assembly at the same time it requires first consensus between the central and state political parties. Then governor can extend the period of the state govt. It requires only two evm/ballot paper at every polling booths. Which can be easily managed by the state election commission.

To avoid the surrogate candidate from the election it needs only changes in the Representation of Peoples Act by the govt. of India’s law and justice ministry. And then easily implemented by the Election commission of India.

For making the transparency in political finances, there should be a proper account of the political party which is audited by the auditor approved by the CAG and then by the help of income tax department it should be checked.

By amending the Section 125A of the R.P. Act, 1951 we can easily implement the solution of form 26. which is further taken care by the Election commission.

Amendment in the Section 29(c) of RPA act by the law and justice brings down the minimum limit from 20000 rupee to 5000 rupee. It depends only on the govt. of India's will power. And it should be public domain that who are donating money and how much. We can also access by the RTI from the income tax office but it depends on the income tax Commissioner will either he can provide you or can’t. So it should be transparent as soon as possible.

The campaigning period should be small is strictly taken care by the Election commission. It needs the recommendation of the Election commission to the govt. of India.

IMPACT OF SOLUTION

After debarring the candidate to contest from more than 1 constituency bring down the expenses of the election and give the more stability.

By the thumb impression of the voters, it will impact on the voting percentage and give more transparent election. And by the election commission it should be monitored properly.

Any candidate whom a charge has been framed by a court of law, it will curb the muscle power in politics. Court and EC will monitored it easily. And help to make a friendly environment for the election which is necessary to increase the voting % in the democracy.

For the 2nd round of election and none of the above option in the EVM, it will impact the election tremendously. It will impact on the social orthodox way of voting and voter will vote in the 2nd round only top 2 candidate can help to remove the cast base politics. As the time passes there will be candidate not by winnability but the acceptability which is the basics of the democracy. And it will also eliminate by itself the surrogate candidate.

To stop the surrogate candidate in the election improve the efficiency of the election. If we become successful to held the assembly and general election at the same time there is more synchronization between the state and centre government which is the necessary for any country development.

Transparency in financing of the political party send a strong signal to the public. And also reduce the money power in the

politics and give the fair chance of contesting the election to a common man.

Changing the form 26 also help to improve the money power used in the election time and give more the transparency to the candidate.

After demolishing the Explanation 1 to section 77(1) of the Representation of the People Act, 1951 we will get successful to curb the money power in the election.

Shrinking the campaigning period we improve the candidate efficiency and political party will go with acceptability instead the winnability. Which further improve the money power in the election.

CHALLENGES AND MITIGATION FACTORS Debarring the candidate to contest from more than one constituency is need a political will to amend the

rule section 33(7) of RP act 1951.

Thumb impression solution needs the investment by the govt. of India. And it will decrease the problem like missing name from the voting list and increase the voting percentage. False thumb impression can become a mitigation factor in this but after the compliant to the Election commission it will be removed and help us to prevent the false voting system in the country.

Banning of the advertisement before the 6 month, form(26) recommendation, transparency in funding of political parties and demonization of the Explanation 1 to section 77(1) of the Representation of the People Act, 1951 these correction need the EC support and political will power.

No disclosure of the voting from the specific region needs the special treatment in the RTI with the help of the govt. of India.

Candidate can’t be contest after he is proved guilty from any court of law till he prove innocent from the higher court of law except the murder and rape charges and right to reject (none of the above) this will need the political support for implementing.

The 2nd round of election needs the investment in the democracy by the govt. of India. It will also help to remove the orthodox way of voting by the voters and can tend us non caste type voting. It also needs the proper management of the officer for the next election with the speedy speed by the Election commission.

Holding the general and state election solution needs the basic thing of the democracy consensus between the state and centre parties. Totally dependent on the political parties will.

Comprising of the time period of campaigning needs the EC support.

APPENDIX

ADR (Association for Democratic Reform) Recommendations for Electoral Reforms April 2011.

“Workshop on electoral reforms” Institute for Social and Economic Change Bangalore, 14th March, 2002.

Role of Money Power in Elections G.N. Ray.

“Electoral Reforms in India – Issues and Challenges” Dr. Bimal Prasad Singh.

Proposed electoral reforms by election commission in 2004.