Key reforms needed for unified electoral system

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Key reforms needed for unified electoral system

Monday, 23 September 2024 | Subhash Chandra Agrawal

Key reforms needed for unified electoral system

While many proposals offer a streamlined approach, significant reforms are still needed to address gaps, such as mid-term election disruptions

Recently, the Union Cabinet approved the recommendations of the high-level committee led by former President Ram Nath Kovind. While many of these proposals are commendable, there are still gaps that need to be addressed. Notably, the plan should encompass not just Lok Sabha and State Assembly elections but also local body elections. The current recommendation to hold local body elections 100 days after the simultaneous Lok Sabha and State Assembly elections falls short of a truly unified electoral system. As a one-time reform, it is necessary to hold all elections, including to local bodies, concurrently.

Another issue that remains unresolved by the Kovind Committee is the problem of mid-term elections, which arise when a State government or the Lok Sabha falls due to a hung house or the collapse of a coalition. This challenge can be addressed by electing Prime Ministers and Chief Ministers simultaneously with Speakers and Deputy Speakers through a secret ballot, utilising Electronic Voting Machines (EVMs) equipped with Voter Verifiable Paper Audit Trails (VVPATs).

Such elections should require nominations signed by at least 34 per cent of members. This system ensures stability, as a Prime Minister or Chief Minister could only be removed through a similar process, but with the mandatory nomination of an alternative leader in the same motion. Failure to vote in this process would result in the loss of voting rights in the House, though membership would remain intact. Implementing this system is crucial for the success of the "One Nation, One Election" initiative, as it would prevent the frequent dissolution of assemblies and the Lok Sabha. Current officeholders could also be re-elected using this method.

In terms of candidacy rules, a person should not be allowed to contest elections from more than one constituency or hold both Parliament and State Assembly memberships simultaneously. Additionally, any sitting MP or MLA who seeks to contest for a different seat should first resign from their current position. This would prevent situations like the one that arose during Atal Bihari Vajpayee's government, which fell due to a single controversial vote cast by Odisha Chief Minister Giridhar Gomango, who remained an MP after assuming office as Chief Minister.

Another important reform is the need to restore secret voting for Rajya Sabha elections, again using EVMs equipped with VVPATs. Additionally, the constitution should be amended to abolish legislative councils, which are often seen as redundant. Only those who have never contested any election should be nominated to the Rajya Sabha, ensuring that this house remains a body of experienced statespersons rather than active politicians. MPs and MLAs should also be barred from holding any party or social positions to avoid conflicts of interest.

Ministerial positions should be limited to 10 per cent of the strength of the lower house, and the post of Parliamentary Secretary should be abolished. Candidates who lose their security deposits in elections should be barred from contesting for the next six years. The "None of the Above" (NOTA) option, introduced to allow voters to reject all candidates, should be made more effective. Candidates who receive fewer votes than NOTA should be barred from contesting future elections, even though the candidate with the next highest vote tally could be declared the winner for that particular term.

Furthermore, immunity for MPs and MLAs from legislative proceedings should be reconsidered. In the infamous JMM bribery case, the Supreme Court was unable to act against guilty individuals due to parliamentary immunity. Parliament's rules should be rewritten to introduce fixed penalties for members who violate norms, removing the discretionary powers of the Speaker. This would prevent lenient punishments like the one imposed on MP Rajesh Manjhi, who faced only a brief suspension for taking his lady friend, pretending she was his wife, on a foreign trip at government expense.

Absconding parliamentarians, if present in the House during sessions, should not be allowed to leave until legal authorities execute pending warrants against them. Additionally, MPs and MLAs with less than 75 per cent attendance should be barred from contesting elections for the next six years. Cases like that of George Fernandes, who was elected to the Rajya Sabha despite losing his memory, highlight the need for a minimum medical fitness certificate for candidates.

Parliamentarians should also be required to disclose all details of their assets, including the names of their spouses, to avoid cases of undisclosed multiple marriages, as occurred with actor-turned-MP Dharmendra. All dues, including those for utilities, rent, and government accommodations, should be deducted from their salaries or pensions. Pensions should be withheld until former MPs and ministers vacate government accommodations. Additionally, political parties that fail to contest elections for five consecutive years should be de-recognised.

Finally, electoral reforms should be accelerated by empowering the Election Commission to implement reforms with a one-year notice to Parliament. If Parliament does not disapprove the proposed reforms within this timeframe, they should be deemed approved. To reduce the influence of black money, sections of the Income Tax Act that allow for contributions to political parties should be abolished. Moreover, the controversial MPLADS scheme, which allocates funds to MPs for local area development, should be scrapped. It is time to bring sweeping reforms to India's electoral system to ensure a more transparent, accountable, and stable political process. 

(The writer is Guinness record holder  and an RTI consultant, views expressed are personal)

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