NEW DELHI, July 17:
Attempting to wrest back the initiative on electoral reforms,
the Election Commission has reiterated some of their
long-standing proposals, criticised moves to lower the minimum
age for contesting elections and offered its services for the
task of delimitation of constituencies.
A recent all-party meeting chaired by Home Minister L K
Advani chalked out a 24-point list of priorities for electoral
reform, a move which has left the Election Commission out in
the cold.
In what amounted to a critique of the Home Ministry's
agenda for electoral reform, the EC today gave a
point-by-point response to each of the 24 priorities while
observing that the all important issue of criminalisation of
politics and steps to curb this trend had not been touched
upon at all.
In its 38-page document, the Commission, shot down the
proposal to lower the age of candidates contesting elections
to the legislative assemblies and Lok Sabha from 25 years as
at present to 21 years on the grounds that the maturityand
experience required from a legislator could not be expected
from a 21-year-old.
Since the same age qualification applies for being
Ministers of the Union and States, ``leaving the destiny of
millions of people in such immature hands would not be a safe
proposition and should not be experimented with,'' the
Commission said.
In Rajya Sabha's case, the proposal to lower the age of
candidature is even more unacceptable since members of the
``House of Elders'' act as a balancing factor, based on their
maturity, on the actions engaged in by the Lower House.
``To have a House of Elders with 25-year-olds will
substantially detract from it the very valuable role that it
plays in the national political process,'' said Chief Election
Commissioner M S Gill, adding that the existing age limit of
25 years for Lok Sabha and 30 years for the Rajya Sabha should
remain unchanged.
The Election Commission also recommended that while
delimitation of constituencies had been frozen till after the
2001 Census by an actof Parliament, the incongruous size of
different constituencies necessitated certain ``adjustments''
in the existing division of constituencies.
This task, as well as a proposal for rotation of reserved
constituencies, could be entrusted to the Commission which is
a three-member Constitutional body empowered with the status
of Supreme Court judges.
Describing the Commission as an independent and completely
neutral institution, Gill advocated that at the present
political juncture in the country, the composition of a fresh
delimitation Commission was unlikely to earn the consensus of
major political parties and could end up becoming a
contentious issue.
But the EC's anguish at being cut out of the action with
regard to an issue as fundamental as electoral funding was
evident, when it stated that it is ``understood'' that a
high-level Commission has been set up by the Government to
examine all aspects of state funding for elections. ``The
Commission desires that it be kept informed of the
deliberationsof that Committee'' and ``the Commission would
like to interact with the Committee'', the EC said.
While the political parties have suggested restrictions on
contesting elections from more than one constituency, the EC
felt the existing restriction, limiting candidates to
contesting two constituencies should continue.
Similarly, though the parties wanted a complete ban on
donations by private companies to political parties, the
Commission felt that private companies should be permitted to
contribute up to 5 per cent of the average net profits. Gill's
explanation: Companies would make donations to politicians
anyway, so it was better to make it legal, transparent and in
the public gaze, rather than drive it underground.
The Commission also drew up its own list of ``additional
proposals for electoral reforms'', headed by measures to check
criminalisation of politics, an issue which had dominated the
recent general elections. The EC had earlier suggested that
anyone convicted of an offence by a court oflaw and sentenced
to imprisonment for six months or more be debarred from
contesting polls.
But from its experience of the last polls, the EC has
further suggested that any person who is accused of any
offence punishable with imprisonment for five years, like
murder, rape or dacoity, should be debarred from contesting
``even when his trial is pending'', provided charges have been
framed against him by a competent court.
Copyright © 1998 Indian Express Newspapers (Bombay)
Ltd.