Electioneering, Performance of Members and the Rule
Select committee of the Indian Elections confined that important Sections of rules applicable to all types of elections are highly essential and concluded Chapter IX, IPC which punishes six offences in relation to elections. 1.Bribery ; 2. Undue influence ; 3. Personation at elections ; 4. Making or publishing false statements ; 5. Illegal payments ; 6. Failure to keep election accounts [ Sections 171 B, C, D, G, H, I ].
Rights of candidate and an electoral right are defined but, the duties of those being Elected were not covered in this and is the main drawback to the ethics of Political Performance. The duties and rights are mandated in different parts of the Constitution i.e., Part IV , V , and VI .
The issue of Elections and its authority, powers are covered under Part XV and the Articles 324 to 329 do not prescribe the procedure, responsibilities and performance mandates and, is the basic drawback to the People Oriented Performance in the Political Democracy concluded .
The committee identified that “ Representation of the People Act, 1950 and 1951 those enacted separately, these general provisions of the Indian Penal Code are highly necessary in so far as they apply not only to elections to Parliament, or to the Legislatures of States, but to every other kind of election such as elections to the Municipalities, District Boards and other local authorities. It need not be stated that in a democratic State like India, where institutions based on free franchise are bound to grow, such sections of rules applicable to all types of elections are highly essential. “ and set Sections 171 A to I in Penal Code .
1.As doubted , even after 6 decades, there are no comprehensive and mandatory Regulations in the whole issue of Electioneering in India that carries the Guarantees contemplated in the preamble of our Constitution as well as those mandate the Politicians, Political Parties and, the Elected Members .
REFORMS ON ALL THESE ARE FAST REQUIRED and, it shall not alone be given to the responsibility, authority of EC . There is need of proposal by Indian Law Commission , approval of Executive and Judiciary in terms of the mandates of Rule and Procedures adopted in the Constitution thus to eliminate legal loop-holes and to be in adherence of the true Objectives of the Constitution.
There is need of specific Regulations stipulating that a ruling Party if was refused, rejected and ultimately defeated in the Elections by the public through One Man One Vote , shall not in any way share to Rule the Country or State even through any Coalition opted after Elections. [Dr. Ambedkar’s clarifications , arguments , and guarantee to the People for replacing the Rule of those Political Parties which do not carry and implement the Directive Principles of State Policy of Part IV and , other Provisions set in the Article of Part III SHALL BE THE MANDATE SINCE ACCEPTED AND ADOPTED BY THE CONSTITUENT ASSEMBLY IN 1949 ] in the policy of rule in the Constitution .
2. There have been no proper, prompt and strict actions and proceedings under the above Listed IPC Sections in all these above 6 decades of Rule though many times in all Elections in many Constituencies Cash was Seized , articles were Seized while on Elections those were purposed for unlawful practices cited in the SIX [6] IPC Sections quoted above.
These 6 Sections need to be Amended and punishments shall be increased to the tune of cheating the political democracy .
There is need of disallowing the particular member for contesting in Elections for a period of 11 years if found guilty.
3. Authority and Principles to Rule the Indian Union / State that was accepted, concluded and adopted by the Constituent Assembly in 1949 is authenticated by the clarifications of Dr. Ambedkar to the Assembly and shall be the Doctrine of Political Democratic Rule under the Constitution.
Speech of Dr. Ambedkar in the Constituent Assembly declare and specify “ ... Our Constitution lays down what is called Parliamentary democracy. By Parliamentary democracy we mean ; one man, one vote ; . We also mean that every Government shall be on the anvil, both in its daily affairs and also at the end of a certain period when the voters and the electorate will be given an opportunity to assess the work done by the government. The reason why we have established in the Constitution a political democracy is because we do not want to install by any means whatsoever a perpetual dictatorship of any particular body of people.
We do not want merely to lay down a mechanism to enable people to come and capture power.
The Constitution also wishes to lay down an ideal before those who would be forming Government. That ideal is economic democracy. ..... We have left enough room for people of different ways of thinking, with regard to the reaching of the idea of economic democracy, to strike in their own way, to persuade the electorates that it is the best way of reaching economic democracy, the fullest opportunity to act in the way in which they want to act ......
.....our object in framing the Constitution is really two-fold [1] to lay down the form of political democracy and [2] to lay down that our ideal is economic democracy and also to prescribe that every Government whatsoever is in power, shall strive to bring about economic democracy “
Thus, it is clear that the main object in enacting the directive principles appear to have been to set standards of achievements before the Legislature and the Executive, the local and other authorities, by which their SUCCESS OR FAILURE can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the Polls.
4. This why, the Preamble of our Constitution guaranteed placing the issue of : JUSTICE, social, economic and political : atop of the 4 [four] mandates. Therefore, Allowing a refused, rejected and defeated Party to share the Rule in the Country in any form conceding to Coalition with other opposition Party, IS ABSOLUTELY AGAINST THE CONSTITUTIONAL GUARANTEES TO ITS PEOPLE . There shall either be the Re Elections or, President’s Rule if no Member of the House of any party do not extend support the Single Elected / Coalition Party. The issue of President’s Rule under this incident is absolutely the Peoples option for Rule directly by the President carrying the Provisions of the Constitutionally guaranteed ruling Policies contemplated in Part IV . more
Rights of candidate and an electoral right are defined but, the duties of those being Elected were not covered in this and is the main drawback to the ethics of Political Performance. The duties and rights are mandated in different parts of the Constitution i.e., Part IV , V , and VI .
The issue of Elections and its authority, powers are covered under Part XV and the Articles 324 to 329 do not prescribe the procedure, responsibilities and performance mandates and, is the basic drawback to the People Oriented Performance in the Political Democracy concluded .
The committee identified that “ Representation of the People Act, 1950 and 1951 those enacted separately, these general provisions of the Indian Penal Code are highly necessary in so far as they apply not only to elections to Parliament, or to the Legislatures of States, but to every other kind of election such as elections to the Municipalities, District Boards and other local authorities. It need not be stated that in a democratic State like India, where institutions based on free franchise are bound to grow, such sections of rules applicable to all types of elections are highly essential. “ and set Sections 171 A to I in Penal Code .
1.As doubted , even after 6 decades, there are no comprehensive and mandatory Regulations in the whole issue of Electioneering in India that carries the Guarantees contemplated in the preamble of our Constitution as well as those mandate the Politicians, Political Parties and, the Elected Members .
REFORMS ON ALL THESE ARE FAST REQUIRED and, it shall not alone be given to the responsibility, authority of EC . There is need of proposal by Indian Law Commission , approval of Executive and Judiciary in terms of the mandates of Rule and Procedures adopted in the Constitution thus to eliminate legal loop-holes and to be in adherence of the true Objectives of the Constitution.
There is need of specific Regulations stipulating that a ruling Party if was refused, rejected and ultimately defeated in the Elections by the public through One Man One Vote , shall not in any way share to Rule the Country or State even through any Coalition opted after Elections. [Dr. Ambedkar’s clarifications , arguments , and guarantee to the People for replacing the Rule of those Political Parties which do not carry and implement the Directive Principles of State Policy of Part IV and , other Provisions set in the Article of Part III SHALL BE THE MANDATE SINCE ACCEPTED AND ADOPTED BY THE CONSTITUENT ASSEMBLY IN 1949 ] in the policy of rule in the Constitution .
2. There have been no proper, prompt and strict actions and proceedings under the above Listed IPC Sections in all these above 6 decades of Rule though many times in all Elections in many Constituencies Cash was Seized , articles were Seized while on Elections those were purposed for unlawful practices cited in the SIX [6] IPC Sections quoted above.
These 6 Sections need to be Amended and punishments shall be increased to the tune of cheating the political democracy .
There is need of disallowing the particular member for contesting in Elections for a period of 11 years if found guilty.
3. Authority and Principles to Rule the Indian Union / State that was accepted, concluded and adopted by the Constituent Assembly in 1949 is authenticated by the clarifications of Dr. Ambedkar to the Assembly and shall be the Doctrine of Political Democratic Rule under the Constitution.
Speech of Dr. Ambedkar in the Constituent Assembly declare and specify “ ... Our Constitution lays down what is called Parliamentary democracy. By Parliamentary democracy we mean ; one man, one vote ; . We also mean that every Government shall be on the anvil, both in its daily affairs and also at the end of a certain period when the voters and the electorate will be given an opportunity to assess the work done by the government. The reason why we have established in the Constitution a political democracy is because we do not want to install by any means whatsoever a perpetual dictatorship of any particular body of people.
We do not want merely to lay down a mechanism to enable people to come and capture power.
The Constitution also wishes to lay down an ideal before those who would be forming Government. That ideal is economic democracy. ..... We have left enough room for people of different ways of thinking, with regard to the reaching of the idea of economic democracy, to strike in their own way, to persuade the electorates that it is the best way of reaching economic democracy, the fullest opportunity to act in the way in which they want to act ......
.....our object in framing the Constitution is really two-fold [1] to lay down the form of political democracy and [2] to lay down that our ideal is economic democracy and also to prescribe that every Government whatsoever is in power, shall strive to bring about economic democracy “
Thus, it is clear that the main object in enacting the directive principles appear to have been to set standards of achievements before the Legislature and the Executive, the local and other authorities, by which their SUCCESS OR FAILURE can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the Polls.
4. This why, the Preamble of our Constitution guaranteed placing the issue of : JUSTICE, social, economic and political : atop of the 4 [four] mandates. Therefore, Allowing a refused, rejected and defeated Party to share the Rule in the Country in any form conceding to Coalition with other opposition Party, IS ABSOLUTELY AGAINST THE CONSTITUTIONAL GUARANTEES TO ITS PEOPLE . There shall either be the Re Elections or, President’s Rule if no Member of the House of any party do not extend support the Single Elected / Coalition Party. The issue of President’s Rule under this incident is absolutely the Peoples option for Rule directly by the President carrying the Provisions of the Constitutionally guaranteed ruling Policies contemplated in Part IV . more
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S.C. yesterday confined that in a Democracy it is the most important issue that only Accountable [financially] and responsible [socially] Elected members are to perform the democratic Rule. S.C. also directed that the Voters are to be provided with such Candidates and is the Vital issue in Democracy. Commenting that the Country is awaiting the Law that Reforms and Regulates Safe and Secured democratic Rule, the 5 members Bench also directed the Government to energize and empower Election Commission with full authority and in addition formulate the Law adding that :- 1.Every Contestant whether belong to any Political Party or not, has to submit to the Election Commission before contesting , the details of Cases submitting full details in Bold Letters. 2. If the individual is Contesting from any Political Party, he shall inform the particulars of Cases against him to that Party . 3. The Political Party has to display the details of such Cases of that Contestant in their Party Website and to notify in a largest circulating news paper and Electronic Media giving a declaration on the Contestants and the details of Cases against them . 4. Every Contestant who opts to contest through a Party , shall give full details of pending Cases against him to that Party WHICH ENABLE THE VOTER TO DECIDE AS TO WHOM TO VOTE . In this connection, S.C. also referred the National Law Commission Report reveal that : It is found that between 2004-14, those facing Criminal Cases are more and won 23% seats than those who do not possess any such cases while scored only 12%. Found that some parties preferring nominations to more convicts while some are indulging in various Cases after being Elected. UP held 47% members who had such Cases while one MLA possess 36 Cases while 14 were Murder Cases. Even in present Lok Sabha, 162 members are facing Criminal Case while 76% members are found having serious Allegations. more
Sep 27
Since the National Law Commission is now discussing on Simultaneous Elections, it is better if these issues of Electioneering , E.C., Political Parties, Conduct of Contestants, Performance of Elected Members are also Regulated in relevant Codes . more
Jul 10
We should welcome simultaneous election. By this dirty political parties can be terminated or sent to dustbin more
Jul 10
In 1993, Sri T.N.Seshan, the then CEC had postponed certain bye-elections and biennial elections to the Rajya Sabha and the State Legislative Councils unless certain ‘unresolved’ disputes about the exclusive powers and privileges of the Commission to “direct “ the Government about the deployment of Central Police Forces at the time of an election. The Commission had claimed exclusive jurisdiction to make disciplinary action against the staff placed on poll duty. But, his contentions for promptness in Electioneering were challenged and Government enacted an ordinance inducting 2 Election Commissioners additionally in the Election Commission of India.
The CEC had challenged the validity of the Ordinance and the Act on the ground that it was arbitrary, unconstitutional and void. He also alleged that because of his insistence on strict compliance with model code of conduct by all political Parties and strict actions, the ruling party at the Centre was unhappy with him therefore in order to curtail his powers the Act was enacted.
If this fact is considered on the justified carry of Electioneering , Control of Elections and Punishments connected, it obviously discloses the Political interest behind the Governing Political Party . It is thus , then itself, set aside the democratic issue of Justified performance of Elections and whole process of Electioneering in the Country .
Same such situation was experienced by the C.E.C. in 2013 also where the Ruling Party denied the 11 conditions of Elections proposed for reasonable performance of the whole issue of Electioneering in the Country.
These both issues if thought in the fundamental background of Political Democracy and, the basic Responsibility/Duty of Election Commission of India, the independent Constitutional Body like Supreme Court , Executive etc., THERE IS ABSOLUTE NECESSITY TO EXPAND THE Election Commission to 4 plus 1 the CEC, or, 6 plus 1 CEC, there cannot a really purposeful Electioneering in the Country.
This is also to be thought to energize the Election Commission leading the issue of Electioneering, Political Participation and its Regulations to the really Objectives, Concepts and Justified performance in the Nation to the People and the Voters representing.
S.C. also confined in a Judgment that “ It is the prerogative of the Government to choose the timing of the general elections. The Election Commission’s role is to take over the actual conduct and supervision of the elections.... . “ The most important issues here , [1] The President under whose name and authority the Rule is carried by Executive , [2] The Elections , Political Candidates and Political Party System , { actual conduct and supervision of Elections} that confirms Members to Rule, i.e., the Election Commission also is set to be at the authority of the Executive/Legislature for the very policy of Political Parties, Candidature of Contestants, Performance of Members of various Constituencies who becomes authoritative to Rule if Elected . HENCE ONLY REFORMS ARE FAST NEEDED FOR A JUSTIFIED RULE IN THE COUNTRY TO BE CONSTITUTIONALLY ADHERED TO. more
The CEC had challenged the validity of the Ordinance and the Act on the ground that it was arbitrary, unconstitutional and void. He also alleged that because of his insistence on strict compliance with model code of conduct by all political Parties and strict actions, the ruling party at the Centre was unhappy with him therefore in order to curtail his powers the Act was enacted.
If this fact is considered on the justified carry of Electioneering , Control of Elections and Punishments connected, it obviously discloses the Political interest behind the Governing Political Party . It is thus , then itself, set aside the democratic issue of Justified performance of Elections and whole process of Electioneering in the Country .
Same such situation was experienced by the C.E.C. in 2013 also where the Ruling Party denied the 11 conditions of Elections proposed for reasonable performance of the whole issue of Electioneering in the Country.
These both issues if thought in the fundamental background of Political Democracy and, the basic Responsibility/Duty of Election Commission of India, the independent Constitutional Body like Supreme Court , Executive etc., THERE IS ABSOLUTE NECESSITY TO EXPAND THE Election Commission to 4 plus 1 the CEC, or, 6 plus 1 CEC, there cannot a really purposeful Electioneering in the Country.
This is also to be thought to energize the Election Commission leading the issue of Electioneering, Political Participation and its Regulations to the really Objectives, Concepts and Justified performance in the Nation to the People and the Voters representing.
S.C. also confined in a Judgment that “ It is the prerogative of the Government to choose the timing of the general elections. The Election Commission’s role is to take over the actual conduct and supervision of the elections.... . “ The most important issues here , [1] The President under whose name and authority the Rule is carried by Executive , [2] The Elections , Political Candidates and Political Party System , { actual conduct and supervision of Elections} that confirms Members to Rule, i.e., the Election Commission also is set to be at the authority of the Executive/Legislature for the very policy of Political Parties, Candidature of Contestants, Performance of Members of various Constituencies who becomes authoritative to Rule if Elected . HENCE ONLY REFORMS ARE FAST NEEDED FOR A JUSTIFIED RULE IN THE COUNTRY TO BE CONSTITUTIONALLY ADHERED TO. more
Jul 02
