The BJP will seek a suitable amendment in the Tenth Schedule of the Constitution, seeking transfer of power to the Election Commission from the Speaker or Chairman of the legislative bodies to decide on disqualification of an MP or MlA. The Tenth Schedule deals with disqualification on grounds of defection.
The Opposition party also wants State funding of elections and simultaneous polls for lok Sabha and State Assemblies. These recommendations will form part of the submission that the BJP will make before the law Commission soon.
The commission has circulated among political parties a consultation paper on electoral reforms and sought their response by June 30.
The Tenth Schedule of the Constitution prescribes: “If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final.”
It adds, “Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule.”
At a meeting of top BJP leaders here at the residence of lK Advani, members of a party panel on electoral reforms felt given the ‘affiliation’ of Chairman or Speaker of a House to the ruling party or alliance, a decision on disqualification for defection is usually delayed and not insulated to manipulations.
“The Speaker or Chairman of a House generally times his or her decision according to the convenience of the ruling party. When rest of the issues relating to disqualification on other grounds are dealt with by the Election Commission, it should ideally also deal with the Tenth Schedule provision so as to avoid delay and bias,” a senior BJP leader told The Pioneer.
In this context, some BJP leaders pointed out that political factors were behind the delay in deciding on the JD(U)’s petition seeking disqualification of its MP Rajiv Ranjan Singh lallan, who campaigned for Congress in the 2010 Assembly election.
The BJP’s reply to the law Commission will also seek “further efforts” to decriminalise politics and ensure internal democracy in political parties.
“We see that except for a few political parties, others hardly bother about organisational elections. This is not in the interest of their internal democracy. There should be strict provision ensuring timely organisational elections,” another BJP leader involved in the deliberations said.