yogendra ppt seminar presentation .pptx

7/27/2019 yogendra PPT seminar presentation .pptx

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MATS LAW SCHOOL

NATIONAL SEMINAR OFELECTORAL REFORMS

TOPICACCOMPLISHING THE REAL BHARAT INTHE MILIEU OF ELECTORAL REFORMS

AUTHORS SHILPI BHANDARI

YOGENDRA SINGH RAJPUT


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INTRODUCTION

India stands as one of the world most influential rising democracies. It hasbeen 60 years since the first Indian general election took place. ElectionCommission of India has come a long way in ensuring the electoral reforms ofthe country. However our election system, from the selection of candidates,to the manner in which funds are raised and spent in elecelection campaigns,are in dire need of significant changes. election campaigns, are in dire need of

significant changes. Goswami Committee on Electoral Reforms (1990)

Vohra Committee Report (1993)

Indrajit Gupta Committee on State Funding of Elections (1998)

Law Commission Report on Reform of the Electoral Laws (1999)

National Commission to Review the Working of the Constitution (2001) Election Commission of India Proposed Electoral Reforms (2004)

The Second Administrative Reforms Commission (2008)


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CORE ISSUES

Criminalization of politics.

Financing of elections.

Conduct of elections.


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CURRENT REMEDIAL MEASURES

The person who is accused of serious criminal offences and where the court isprima facie satisfied about his involvement should be kept away from electoralarena.

Transparency in public life improves transparency in elections. So, contestingcandidate must disclose his assets, liabilities, convicted and pending cases againsthim. The Supreme Court on March 13, 2003 declared that obtaining relevant

information about the candidates is indeed a fundamental right under Article 19(1), and as the Parliament had no power to make such a law abridgingfundamental rights [Article 13 (2)], such a law is void.

Making false declarations in election affidavits is an offence. Anyone giving falseinformation in the affidavits should be debarred from contesting elections.

The number of registered parties should be decreased. The election commissionshould be given powers to de-recognize smaller political parties on the basis of

their performance. The amount of security deposit should be increased in order to keep a check on

the non-serious candidates contesting union and state assembly elections. Thismove has been effective in past and in recent times, the number of candidatesfighting elections has shown an increasing trend and hence there is a need toreview the amount of security deposit.


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Continued.

Negative/neutral voting should be allowed as it will allow a voter toexpress his dissent by rejecting all the candidates contesting in hisconstituency if he finds none of them suitable to be elected. Democracy inIndia will be strengthened if people participate in large numbers in theelectoral process and have a choice to reject all the candidates instead ofbeing forced to select one who they think is less bad than the others in the

fray. 97th Constitutional Amendment not only makes it mandatory for all those

switching political sides whether singly or in groups to resign theirlegislative membership and seek re-election, but also bars The keyprovisions of the judgement include candidates disclosure of his/her:

Criminal antecedents

Assets and liabilities Educational qualifications legislators from holding, post-defection, any

office of profit.


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CONCLUDING REMARKS

Mere conducting of elections periodically doesnt prove that we arerepublic and have an effective democracy. It is the way elections areheld, the quality of people elected, their performances that make ourdemocracy effective. Flawed elections have often reduced thelegitimacy of our democracy. The political parties do not pay attention

to inculcate noble political values and principles of citizenship in thepeople. They perpetuate the differences among the people and makefull use of those differences for creating conflicts among them. This iswhere our nation loses its essence. This menace needs to be curbed inorder to achieve the true values of our freedom. Vigilant publicopinion is required to put pressure on government. People have to be

sensitized about the malaise of the electoral process. Youngster alongwith civil societies and voluntary groups can spread awareness onmass level so that people can choose educated, sincere, dedicated,transparent and deserving candidates as their political representatives

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