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Law panel ideas help transparency

Last Updated 23 March 2015, 04:53 IST
Some recommendations made by the Law Commission of India on the conduct of elections will help improve the electoral system, strengthen the Election Commission and make electoral expenditure more transparent, if they are implemented. The recommendations, made in the Commission’s 255th report, touch upon a wide range of issues. The report was prepared after a reference by the government and requests by the Supreme Court to the Commission. While many suggestions have been made in the past to address specific issues connected with the conduct of elections, the Commission has packaged a large number of them. One important recommendation is to change the method of appointment of election commissioners.It has suggested that the President make the appointments in consultation with a three-member panel consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India. This may be considered, though the present method of appointment has not constrained the working of the Commission. The poll panel has been known for its independence and efficiency in the conduct of elections.

A more important recommendation is for mandatory disclosure by political parties of the identity of donors who have contributed less than Rs 20,000 to party funds if such contributions exceed Rs 20 crore or 20 per cent of the contributions received by them. At present, parties do not have to reveal the source of such funds and this is used to camouflage black money and to hide election expenditure. The recommendation, if implemented, cannot only impart transparency to election expenditure but also curb black money, because political donations are a major part of the illegal economy. The suggestion that the expenditure incurred by candidates from the date of notification of elections rather than from the date of nomination should be considered to compute poll expenses is also sound, though its impact may not be as big as that on political contributions.

The Commission has recommended steps to curb the recent phenomenon of paid news, which it thinks should be considered an electoral offence. It also wants the failure of candidates to submit accounts of election expenditure to be dealt with more seriously. These recommendations deserve serious consideration, though all the suggestions made in the package may not find ready acceptance. They can make the election process cleaner. Implementation will need changes in laws, and the government and political parties will have to be involved in the effort. That may not be easy because parties have a vested interest in the continuation of the present faulty system.

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(Published 22 March 2015, 18:00 IST)

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