electoral reforms suggestions - nishank.pdf
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8/14/2019 Electoral Reforms Suggestions - Nishank.pdf
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Introducing ElectReforms to Reduce
Influence of Money
Muscle Power In Po
Nishank Varshney nishank.varshney@gmail.com +91-97850
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Candidates with criminal charges enjoy a higher Success Rate (23%), which is almost double the success ra
clean record (12%).
Percentage of Criminalsamong MPs/MLAs varies from 21%to a staggering 75%among the top 20 NaPolitical Parties.
14% of MPs/MLAs, across all the major parties, have Serious Criminal Charges on them like Murd
Dacoity, Corruption etc.
In 15 states, more than 1/4thof our legislators have criminal charges on them. In Bihar, Jharkhan
Kerala nearly half the legislators have criminal charges on them, which means they enjoy majority
Average assets of winners, in all the states, are higher by more than 300% when compared to aver
candidates.
Average assets of winners with criminal records are higherthan average assets of winners with clean
62 Lakh Rupees.
Success Rate of Clean Independent Candidates is merely 1%, which proves that it is almost impossible for
candidate to win.
Some Striking Observations from an Analysis* of 62,847 cancontested Parliamentary or Assembly elections between
* Detailed Analysis is
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Its the MPs/MLAs who make the Laws
and policies. Our country is in danger, if
one-third of them are involved in criminal
offences.
Increasing entry of criminals and money-
minded people into politics, poses a greatthreat to the hopes of conducting free
and fairelections which offends the basic
foundation of a healthy democracy.
How is
Criminalization of
Politics a Threat ?
Threat
Electoral Malpractices are the root causeof Corruption which adversely affects
implementation of Social Welfare Policies
like Distribution of PDS Grains, NREGA,
NHRM etc.
Due to the flawed electoral process, it is
becoming increasingly difficult for public
spirited citizens to enter the field of
Politics, without breaking the laws.
Why is it a
Matter of
Concern ?
Concern
Candidates spend m
prescribed limit, to b
money, liquor or clot
While this illegitima
result in candidates
it almost certainly resIn order to sustain th
future elections, the
massive corruption
multiple times their e
Reasons behind
Increasing Role
of Money &
Muscle Power
Ca
We cannot trust thosframe the laws in Par
Since all the leadin
Parties have been
candidates with crim
years, across the len
country, there is an
Electoral Reforms to
our Parliament.
Need to Bring
Electoral Reforms
N
Nexus ofCrime &
Money inPolitics
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SUGGESTIONS FOR
DECRIMINALISATION OF POLITICS
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SUGGESTION
Candidates who have been framed* in more than 1 charges by a court of law, in Serious criminal cases, like
Murder, Rape, Corruption, extortion, dacoity etc. (Those charges, for which, if convicted, a candidate could
than 2 years, or the case requires the issue of a non bailable warrant, or any election related criminal charg
of nomination, should not be allowedto contest election, till the time they are acquitted by the court.
In all the analysis mentioned in previous slides, we have only considered those candidates against whom charge
the court, and not the cases lodged against them.
LOOPHOLE
As per the current rules, only those candidates who have been convictedin a criminal case are not allowed to con
the conviction rate in India is only 40% and a lot of candidates take unfair advantage of the long judicial process. Th
have murder/ other serious cases pending against them for as long as 29 years. (Detailed List in Annexure 2)
Hence, it has now become important to prevent not only those candidates who have been convicted, but also th
criminal cases are pending from long time, from entering our Legislative houses.
ADVANTAGE
*Framingof charges by the court is differentfrom registering a caseby Police. Charges are framed against the accu
has verified the case and when the court is convinced after hearing both the sides that substantial proofs exist agai
Taking Framed charges into consideration instead of any case registered against the accused, and debarring those c
multiple cases against them will prevent the misuse of false registration of cases (which is the concern of many Poli
highly unlikely that same candidate will be falsely implicated in two different serious criminal cases.
1.
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2.
Any Political Party that gives tickets to such candidates should be heavily penalized, and in case of repea
they should be derecognized.5.
Any candidate who has a criminal charge* framed against him for more than 3 years, should not be allow
3 years is a sufficient time for any candidate to get his cases disposed off.3.
*Criminal Charge should include only those charges listed in Section 8 (1), (2) and (3) of the RepresentaThis will avoid disqualification of candidates over petty issues which may arise out of politica
No MP/MLA should be allowed to take the post of a Minister if he has any Criminal Charge* pending ag
office if the pending case is a review in higher court, for which he has been acquitted by lower court.)
4.
Rajya Sabha/Vidhan Parishad serve as dignified chambers. However, 18% of Rajya Sabha MPs have crimin
including 6% with Serious Criminal Charges. Therefore, Any candidate who has a Criminal Charge* pendin
be allowed to file nomination for Rajya Sabha or Vidhan Parishad.
6.
Provision of Fast Track Courts
To dispose the cases on candidates which have been pending for more than 2 years, and any cases agains
They should give their judgment within a specific time period (preferably within 12-18 months) and also p
witness protection. The trial and investigation should be insulated from any kind of Political Interference.
SUGGESTIONS Continued
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Suggestions to Reduce Impact of
Money during Elections
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1.
In case of abnormal growth of assets, the Income Tax Office should verify the correctness of sources men3.
Re-contesting candidates must declare the increase (or decrease) in their assets from last time of contest
the sources forthis increase (or decrease).2.
While filing nominations, the candidates must file their Income Tax returns along with declaring their asse
4.Along with their own assets, the candidates should also be required to declare the assets of their immedia
Parents, Sibling, Spouse and Children.)
5.This information should be made publically availableby the Election Commission to all the voters. Candid
prominently displayed at each polling booth so that voters can make an informed choice before casting t
In less than 5 years, the average assets of 4181 candidates who re-contested in elections had grown from Rs.1.7
Crores. About 684 candidates showed an increase of over 500%, 420 of over 800% and 317 of over 1000%. Whi
abnormal increase.
Any candidate submitting false information in the affidavit must be immediately disqualified.7.
6.The Election Commission or an appropriate committee appointed by it must verify the declarations made
respect to assets and criminal records with the help of Police, Judiciary or other relevant bodies, within t
nomination papers.
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8.
Any candidate, whose expenses as stated in the election expense report submitted by him, are found to be
immediately disqualified.10.
The report of the Observer/ Returning Officer, with regards to verification of expenses by the candidate fo
made public.9.
The time limit to submit the election expense report should be reduced from 30 days to 7 days. Because, t
have to get their accounts cross-verified everyday. Giving a long time window reduces the chances of the O
Officer to find appropriate proofs against any false information.
12.Apart from putting a limit on expenditure by the candidate, there should also be a maximum limit on exp
as well, during election period. This limit can be decide on the basis of number of constituencies.
Recently, Mr. Gopinath Munde confessed that he spent nearly 8 Crore Rupees on his election campaign, while t
only 40 Lakh Rupees. Moreover, he had declared his assets to be worth nearly 6 Crore Rupees in his affidavit. T
that he took external loans to spend this amount, and would definitely use unfair means to recover this cost up
after this, NO Action has been taken against him.
The NDA government spent Rs.150 crore in India Shining while the UPA 1 spent nearly 100 Crore in 2009
spend more than double the amount before 2014 elections on Bharat Nirmaan campaign. Such lavish e
outgoing government, from the State Exchequer, must be curtailed.
13.
11.Declaration of PAN Details must be made compulsory for all the contesting candidates. Currently there a
declared assets worth Crores of Rupees, but have not furnished their PAN Details.
It must be made mandatory for all the Political Parties to publish a list of all their income and expenditure
Parties should declare all their Donors, failing which, they be de-recognized and de-registered immediate14.
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Suggestions to Increase Representation
of Women in Parliament/Assembly
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State - Wise
Representation
of Women
Party - Wise
Representation
of Women
Women constitute only 7% of all
the candidates. Consequently, they
form only 8% of our legislators.
Women candidates enjoy a higher
success rate (16%) as compared to
male candidates(14%),andPercentage of Criminals among
Female Legislators (16%) is much
less than the percentage of
Criminals among Male Legislators
(31%).
It is evident that the women are
clearly not being discriminated by
the voters, rather the problem is
that the Political Parties are not
putting up a sufficient number ofWomen Candidates.
Hence, it is only logical to conclude
that with the increase in number of
women candidates fielded,
subsequently, the proportion of
women in Parliament/Assembly
will also increase. This will also help
in decreasing the number of
criminals in Parliament.
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Annexure 1- Nexus between elections, crime an
Ten years of Election Watch
State Wise Analysis Political Party Wise
These tables have been prepared by Analysis of Data obtained from Association for Democratic Ref
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References
1. Ten Years of Election Watch - http://adrindia.org/content/nexus-between-elections-crime-and-money-ten-y
2. http://adrindia.org/sites/default/files/List%20of%20current%20MLAs-MPs%20with%20Pending%20Cases.p
3. Conviction Rate - http://ncrb.gov.in/CD-CII2011/cii-2011/Table%204.12.pdf
4. http://news.oneindia.in/2013/06/29/gopinath-mundes-daredevil-act-lands-him-in-soup-1248260.html
5. http://indiatoday.intoday.in/story/assembly-elections-2014-congress-campaign-poll-advertising/1/270915.h
6. Images obtained from Google Search.
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nd-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watchhttp://adrindia.org/content/nexus-between-elections-crime-and-money-ten-years-election-watch
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