To avoid delay in approving poll reforms by Parliament, the EC should be empowered to implement the reforms by giving one-year notice to it
India which experienced the evils of democratic form of governance needs massive but consolidated poll reforms. Frequent elections can be avoided by reducing or extending terms of assemblies by upto one year to hold any elections only once in a year in a month considered best suited by various aspects. Any by-election or even regular civic or panchayat election may also be held in this 'election-month'. Since a person cannot represent two constituencies or become member of both Parliament and state-assembly, no person should be allowed to contest from more than one constituency or for both Parliament and state-assembly. A sitting MP or MLA should resign first from his/her earlier seat before filing nomination for the other seat. Provision should be there of auto-termination of membership of a Parliamentarian just on taking oath in a state as minister (or Chief Minister) and vice-versa.
Prime Minister/Chief Ministers should be simultaneously elected with Speaker and Deputy Speaker by secret and compulsory vote of members of the Lower House through Electronic Voting Machines (EVMs) equipped with VVPAT on nominations signed by at least 34-percent members. Such an elected PM/CM may be removed by same process but with compulsion of naming alternate leader in the same motion. Members not opting to vote may lose voting-right in the House even though retaining membership of the House.
Secret voting for Rajya Sabha elections should be restored but through EVMs equipped with VVPAT system. Since Legislative Councils in states do not serve any purpose, Constitution should be amended to abolish provision of Legislative Councils. Only those not having contested any election in life should be appointed nominated members of Rajya Sabha. No MP or MLA should retain any type of post in their party or even in society. Ministerial-strength should be reduced for 10-percent of strength of lower House.
Security-losing persons should be barred from contesting elections for next six years. 'None-of-the above' (NOTA) option should be made practically useful. All candidates getting votes less than 'NOTA' may be barred from contesting any future election even though in case NOTA winning in any constituency, next to NOTA may be declared elected but only for that term. Thereafter he may lose right to contest any election in life-time.
President and Vice President should be simultaneously elected by all MPs and MLAs in the manner President is elected but through EVMs equipped with VVPAT on nominations signed by at least 34-percent MPs to ensure direct elections. In case of vacancy caused at post of President, Vice President may be made President for rest of the term. But in case of vacancy caused at post of a Vice President, an interim Vice President may be elected by MPs only.
To avoid delay in approving poll-reforms by Parliament, Election Commission should be empowered to implement poll-reforms by giving one-year notice to Parliament. If Parliament does not disapprove reforms proposed by Election Commission within stipulated one year, these should be taken as approved by Parliament. Election Commissioners should be selected by a 3-member committee also consisting of Prime Minister and Leader of Opposition in Lok Sabha.
Immunity to elected representatives should be withdrawn even from legislative proceedings because in the infamous JMM-bribery case even the Apex Court expressed its inability to act against guilty ones because their bribed act to vote for the Narsimha Raogovernment was considered to be immunised being under Parliamentary proceedings. Since usually Chairpersons of Lok Sabha/Rajya Sabha/ Parliamentary-committees are ultra-soft on impropriety of Parliamentarians, Lokpal should look into improper acts of Parliamentarians. Lok Sabha mildly punished its member Rajesh Manjhi taking his lady-friend as his wife on foreign-trip at government-expense by just barring him from few sittings of Lok Sabha even though such an act was not even immunised under Parliamentary proceedings. Presence of an absconding Parliamentarian from court-summons or warrants at Sansad Bhawan even for attending the session, should be immediately informed to concerned police-authorities. Absconding members must not be allowed to leave Sansad Bhawan till execution of summons/warrants is complete. Parliamentarians and legislatures with attendance less than say 75-percent in the House should not be allowed to contest any elections for next six years. Curious case of George Fernandez having been elected to Rajya Sabha despite having lost all his memory, even calls for some minimum medical-fitness certificate before allowing contesting elections. An RTI response reveals that even oath for being member of Rajya Sabha was read by party-colleague of George Fernandes.
Parliamentarians should be required to compulsory fill all their particulars in their bio-data including details of their assets, name of spouse/s etc to be put on public domain of websites of Lok Sabha and Rajya Sabha. This can check several malpractices like hiding name of additional (more than one spouse) like was done by Dharmendra when he did not disclose name of Hema Malini also as his wife. Salaries/perks of MPs can be withheld till they provide all these particulars. Rules of Lok Sabha and Rajya Sabha should be re-written in a stringent manner by encoding fixed punishments for Parliamentarians for not following rules and norms, snatching discretionary powers of Chairpersons and Parliamentary committees.
Rules should be to make all deductions of government-dues like of water, electricity, telephone, rent or any other from salary/perks/pensions etc payable to them. Likewise pensions and other payables should be hold till former Parliamentarians/Ministers do not vacate government-accommodations. Defaulters should be barred from contesting any next elections or holding any official post till all dues are cleared against them, and non-entitled government-accommodations are vacated. It is shame on Indian system that even persons posted as Prime Minister had been defaulters of dues for use of Indian Air Force (IAF) aircrafts for non-official purposes. Either the Prime Minister or political party sponsoring that Prime Minister on post may be asked to deposit advance-money for use of IAF aircrafts for non-official use. Since political parties are not complying with CIC-verdict bringing these under purview of RTI Act, all direct/indirect government-funding including tax-exemptions, subsidized land or leased government-accommodations, free voters' list and free Doordarshan/ Radio timings etc should be abolished. Political parties not having contested any election in last five years should be de-recognised.
Live TV-debates between prominent leaders and Prime-Ministerial/Chief-Ministerial candidates can replace mega-budgeted rallies for which huge money is spent by political parties. Since even Election Commission opposed opaque Electoral Bonds, these must be totally transparent to avoid these becoming a tool to get favours from the concerned governments. Data reveals majority funding through Electoral Funds goes to ruling parties.
Sections 13A, 80GGB and 80GGC of Income Tax Act on contributions received by and made to political parties should be totally abolished to prevent whitening of black money by political parties getting themselves registered but not contesting elections. Our ultra-rich and affording political parties do not require such tax-exemptions.
(The writer is a Guinness Record Holder for letters in newspapers and an RTI consultant. The views expressed are personal.)
