Sl. No.

Proposal of the Election Commission

Status/Remarks.

1.

Affidavits to be Filed by Candidates on Criminal Antecedents, Assets, etc.

This relates to the merger of two affidavits filed by a candidate one in terms of section 33A of the Representation of the People Act, 1951, read with rule 4A of the Conduct of Election Rules, 1961(in Form 26) and another in the format prescribed by the Commission vide its order dated 27.3.2003, in pursuance of the Hon’ble Supreme Court’s judgment dated 13.3.2003 in Civil Appeal No. 490 of 2002 (Peoples Union for Civil Liberties & Another Vs. Union of India).

2.

Need to Increase the Security Deposit of Candidates

Enacted vide Representation of the People (Amendment) Act, 2009 (Act 41 of 2009).

3.

Criminalisation of Politics

This proposal relates to disqualify any persons accused of an offence punishable by imprisonment for five years or more, from contesting elections even when trial is pending, provided charges have been framed against him by a competent court.

The Government had requested the Parliamentary Standing Committee to give its recommendations on the proposal of the Election Commission of India. The Committee in its Eighteenth Report on the subject inter alia disagreed with the aforesaid proposal as it is a major departure from the law of the land that a person is not guilty until he is convicted by the highest court of the land. The Committee, however, recommended that proclaimed absconders under section 82 of the Criminal Procedure Code be disqualified from contesting polls.

4.

Restriction on the Number of Seats from which One May Contest

This proposal is to amend the law to provide that a person cannot contest from more than one constituency at a time or if the present provision is retained then there should be a provision which would mandate to deposit a definite sum in case a person get elected from both seats. 

In the all party meeting held on 22.5.1998, it was decided to retain the present provision of allowing a person to contest from two constituencies of same nature.

5.

Exit Polls and Opinion Polls

Enacted vide Representation of the People (Amendment) Act, 2009 (Act 41 of 2009) putting a restriction on publication and dissemination of results of exit polls. Restriction of opinion polls needs to be examined.

6.

Prohibition of Surrogate Advertisements in Print Media.

Section 127A of the Representation of the People Act, 1951 may be suitably amended, adding a new sub-section (2A) to the effect that in the case of any advertisements / election matter for or against any political party or candidate in print media, during the election period, the name and address of the publisher should be given along with the matter / advertisement.  Sub-section (4) should also be suitably amended to include in its ambit the new proposed sub-section.

Section 127A deals only with publication of pamphlets, posters, etc., but does not include advertisement in newspapers. The said section can be amended so as to include advertisement in print media also. However, the matter of regulating advertisements in the print media pertains to the Ministry of Information and Broadcasting and Press Council of India and the proposal can be considered on the basis of inputs from them.

7.

Negative / Neutral Voting

The Committee on Electoral Reforms (Dinesh Goswami Committee) did not favour it and was of the view that it does not serve any purpose.

8.

Appointment of Appellate Authority in Districts against Orders of Electoral Registration Officers

Enacted vide Representation of the People (Amendment) Act, 2009 (Act 41 of 2009).

9.

Compulsory Maintenance of Accounts by Political Parties and Audit thereof.

The Election and Other Related Laws (Amendment) Bill, 2002 (introduced in Lok Sabha on 19^th March, 2002) sought to introduce section 29D in the Representation of the People Act, 1951 in this regard. The Department-Related Parliamentary Standing Committee on Home Affairs while examining the matter desired that the audit of accounts of donation received by the political party may be done through Chartered Accountants appointed by it as at present, as per the provisions of the Income-tax Act (section 13A). In view thereof the Committee recommended deletion of entire section 29D in clause 2 of the Bill.

10.

Government Sponsored Advertisements.

The Commission proposes that where any general election is due on the expiration of the term of the House, advertisements of achievements of the governments, either Central or State, in any manner, should be prohibited for a period of six months prior to the date of expiry of the term of the House.

The proposal requires further examination. Advertisements on poverty alleviation and health related schemes could be exempted. Advertisements revealing information on matters of urgent public interest could also be exempted. Further, since advertisements could be prohibited from carrying the name of any political party or photographs of leaders and Ministers.

11.

Political Advertisements on Television and Cable Network.

This relates to consider amending the relevant provisions of the Cable Television Network (Regulation) Rules, 1994 to provide for suitable advertisement code and monitoring mechanism. 

The issue of advertisements on television and cable networks, led to a lot of confusion during the recent general election.  The Cable Television Network (Regulation) Rules, 1994, prohibit advertisements of political nature.

The matter pertains to the Ministry of Information and Broadcasting and that Ministry is able to judge the feasibility of evolving a suitable advertisement code and monitoring mechanism for advertisement on television and cable networks in consultation of the Election Commission and Legislative Department.

12.

Composition of Election Commission and Constitutional Protection of all Members of the Commission and Independent Secretariat for the Commission.

It was decided to include it as a proposal for regional and national consultation.

13.

Expenses of Election Commission to be Treated as Charged.

The proposal to make the expenses of the Election Commission of India ‘charged’ was considered by the Dinesh Goswami Committee but was not favoured. In 1994, the Government, however, introduced the Election Commission (Charging of Expenses on the Consolidated Fund of India) Bill, 1994 in Lok Sabha on 16.12.94 which lapsed on the dissolution of the Tenth Lok Sabha. The Department-Related Parliamentary Standing Committee on Home Affairs in its 24^th Report on the said Bill presented to Rajya Sabha on 28.11.1995 and was of the considered view that there is no need of passing the proposed Bill and recommends that the Bill be dropped

The Election Commission of India again made a similar proposal in 1997 which was placed before political parties in the all party meeting held on 22.5.1998 but no view was taken. Again, the Election Commission of India made the same proposal in May, 2003 and on the direction of the then Hon’ble Prime Minister the same was placed before the political parties in the all party meeting held on 29.10.2003. The debate on the proposal remained inconclusive.

14.

Ban on Transfers of Election Officers on the Eve of Elections

This is to amend section 13CC of the Representation of the People Act, 1950, and section 28A of the Representation of the People Act, 1951 to provide that no transfer shall be made, without the concurrence of the Commission, of any officer referred to therein, as soon as a general election/bye-election becomes due in any Parliamentary or Assembly Constituencies.

15.

All Officials Appointed in Connection with Conduct of Elections to be included in Clause (7) of Section 123.

Enacted vide Representation of the People (Amendment) Act, 2009 (Act 41 of 2009).

16.

Anti-Defection Law

The question of disqualification of members on the grounds of defection should also be decided by the President and Governors, on the opinion of the Election Commission.

No view has been taken.

17.

Use of Common Electoral Rolls at Elections Conducted by the

Election Commission and the State Election Commissions

The matter has been examined and decided to await the outcome of the discussion between the Election Commission and State Election Commissions to sort out the modalities in this regard.

18.

Simplification of Procedure for Disqualification of a Person Found

Guilty of Corrupt Practice.

Enacted vide Representation of the People (Amendment) Act, 2009 (Act 41 of 2009).

19.

Same Number of Proposers for all Contesting Candidates -Amendment of Section 33 of the Representation of the People Act, 1951

It was decided to include it as a proposal for regional and national consultation.

20.

Making of False Declaration in Connection with Election to be an Offence.

Making of any false statement or declaration before the Election Commission, Chief Electoral Officer, District Election Officer, Presiding Officer or any authority appointed under the Representation of the People Act, 1951, in connection with any electoral matter should be made an electoral offence under the said Act.

The various legal provisions required to curb the willful furnishing of incorrect information in electoral procedures to ensure the free and fair election are already there in the Election Laws. Further, keeping in view a large population of this country being illiterate, there would be frequent instances of furnishing incorrect information inadvertently or without any malafide intention by the common man while the process of preparation of electoral rolls, etc. and hence, the proposal may create the fear in the minds of people abstaining themselves from the democratic process of the country.

21.

Rule Making Authority to be Vested in Election Commission

Making authority under the Representation of the People Act, 1950 and Representation of the People Act, 1951, should be conferred on the Election Commission, instead of on the Central Government, who should, however, be consulted by the Election Commission while framing any rule.

Rule making power has to be vested only with the Government since rules are in the nature of subordinate legislation, the making of it shall be only with the Government which is answerable to Parliament. Rules are required to be laid before Parliament and can be modified and nullified if the Houses of Parliament resolve to do so. If rules were to be made by the Election Commission then amendment or modification by Parliament may lead to controversy.

22.

Registration and De-registration of Political Parties - Strengthening of Existing Provisions

Under the existing section 29A of the Representation of the People Act, 1951, another clause may be introduced authorising the Election Commission to issue necessary orders regulating registration and de-registration of political parties.

In view the growing number of political parties registered with the Election Commission for perpetuity availing all the facilities like, tax exemption, political fund contributions, whereas the number of political parties regularly contest elections being limited to certain number of registered political parties, it is worthwhile to consider the proposal of the Election Commission.

(1) Election Expenditure in respect of the Teachers and Graduates constituencies:-

Under section 77 and 78 of the R.P. Act, 1951 every candidate in the election to the Lok Sabha and the Legislative Assemblies of State/UTs is required to maintain correct account of expenditure incurred/authorized in connection with his election and to lodge it with the DEO within the 30 days of election, whereas rule 90 of the Conduct of Elections Rules 1961 has prescribed a ceiling for expenditure that can be incurred in connection with these elections. However, there is no such provision under election laws requiring maintaining or lodging the account of election expenses or prescribing any ceiling of expenditure in the case of elections to the Council of States and the State Legislative Council.

The Election Commission is of the view that in the interest of free and fair election, there is urgent need to bring the elections to the Legislative Councils from the Teachers and Graduates’ constituencies within the ambit of section 77 and 78 of the RP Act, 1951 and also prescribing a ceiling of expenditure that can be incurred/ authorized in these elections.

(2)Amendment to the Conduct of Election Rules, 1961 to provide for use of Totaliser for counting of Votes recorded in EVMs.

No view has been taken.

(3) Restoration of Cycle of Rajya Sabha and Legislative Council:-

Under article 80 and 171 of the Constitution every second year as nearly as possible one-third member of the Council of State and Legislative Council shall retire every second year. Due to non availability of the Legislative Assembly in certain States/Union Territory for continuous years, the cycle of the Rajya Sabha could not be maintained and eventually all the Members of the Council of States from that States get elected for a period of Six years. A similar situation is being faced in the case of Legislative Council in respect of the States of Bihar, U.P., Karnataka etc., due to non availability of Local Bodies, Assemblies for longer periods. 

In this regard it may be submitted that the Election Commission has suggested some methods to be adopted to sort out these eventualities in future.

The Ld. Attorney General for India is of the view that the sanctity of the provisions of the Constitution may be maintained and the cycle of retirement of the Members of Rajya Sabha and  Legislative Council should be restored.

(4) Appointment of Chief Election Commissioner (CEC) and other Election Commissioners (EC) and consequential matter:-

One of the Chief Election Commissioners has requested the Government to have a collegium consisting of the Prime Minister and Leader of Opposition etc. who is empowered to make recommendations for appointments of the CEC and ECs. Further, it has also been suggested that there should be complete ban for ten years after retirement from the post of CEC to any political post.