| Why Modification to Election
Process?
At
least Four of the shortcomings in the present system of politics
are basically due to our election system. Corruption, Communal
division, Selfishness, Tendency to look for immediate gains are
directly responsible to the present system of elections. Illiteracy
and Indifference of population are indirect products of present
election system. Majority of people's representatives do wish the
public should remain illiterate. General public found that whatever
they could gain is only during election propaganda period and they
could never have a chance till the next elections. This makes people
indifferent to the political system. Hence, reforms are needed
to effectively modify election process. There is no doubt other
reforms shall be automatic.
While
thinking about election process, there is need to think, peruse
and form rules for elections. A body must be formed and given full
authority for making election rules. I propose President of India
to head such a body. Members may be from various streams such as
Governors of the states, Supreme court Judges, Chief Justice of
the High Courts, Election Officers, Editors of National periodicals,
President's award winners, Writers, Industrialists and Farmers.
Criteria for choosing Industrialists and Farmers be laid down after
getting feedback from general public.
This
body should invite suggestions from all citizens of India. Suggestions
should be in two parts. First part, indication of problems in the
present rules and specifying aim. Second part should give solution
and rule to be added/modified. Both the parts should be discussed
in totality and bring out pros and cons. These suggestions should
be distributed to the all members for perusal and invite there
opinion, modifications or total rejection. Then a final draft be
made by an internal committee constituted by the President and
on approval displayed on a web site, (a book may be made and distributed)
for perusal of political parties and members of all legislative
houses in India. Politicians should offer their opinion and suggest
modifications. Then finally President of India should put it to
vote in the whole committee. On voting President should accept
it as a law and take necessary action to include it in the election
rules.
There
is one important aspect which should not be forgotten. Any rule
which is against existing political members will not be acceptable
in totality. For example if rule for number of children is to be
introduced there would be resistance. It would be unjust to those
having more than specified children. Hence the rule should say
'Those having more than say two children or more than actual children
count on date after one year from today shall not be eligible to
contest any election'. This will ensure justice to those who have
already more than two children born or unborn. Every one will have
adequate notice to ensure family planning.
Modifications to Election
Process
Election
process starts with declaration of elections. Rules are needed
for various stages viz,
-
Eligibility of a person who wants to file his/her
application for contesting election
-
Scrutiny of applications
-
Declaring final list of eligible candidates
-
Propaganda and canvassing for the candidates
-
Casting of votes by voters
-
Counting and submitting list of successful
candidates
Eligibility
Eligibility of candidate is the most critical aspect
in the process. This should consider loyalty of the desirous persons
to his/her party, education, public character, financial position,
and truthfulness. In order to evaluate these by the Election Commission
following rules should be considered. Time period specified should
be applicable to those who change their political affiliation after
the rules are applicable, meaning if a person changes his/her political
party in advance of the rules become applicable, rules based on
time period shall not be applicable for that person. Independent
candidate contesting an election if join a political party or leave
a political party shall mean change of his/her faith/party.
-
Candidate must be member of a political party
or independent for a minimum period of SIX years.
-
Candidate shall obtain and attach recommendation
from at least one voter out of one thousand voters from the
total voters' strength.
-
Voters who recommend a candidate for a particular
election shall have a bank account in a nationalised bank (This
provision is needed to verify signature/thumb impression of
a voter).
-
Voter is allowed to recommend only ONE candidate.
If he/she has recommended more than one candidate the recommendation
shall be considered invalid and the voter shall loose his/her
right to vote in that election.
-
Candidate shall attach history of his/her political
career in various parties or as independent giving date and
period.
-
Candidate shall attach reasons for change of
his/her faith from time to time.
-
Candidate shall attach his/her financial status
year wise starting from age of Eighteen years. Every change
shall show valid reasons.
-
Candidate shall specify how much time he/she
can spare for voters if gets elected.
-
Candidate shall attach his her VC with special
stress on education, social work, commitments to family/relatives,
financial sources of income, changes in wealth, changes in
political faith, and belief in religious faith.
-
Candidate shall submit self attested affidavit
that all information is correct and if proved wrong shall mean
disqualification to contest election and also disqualification
for the post elected if it is found wrong any time after election.
-
Independent candidate shall submit self attested
affidavit stating he/she understands that he/she cannot hold
any Government office in any Government after election.
-
In order to verify political faith of a candidate
all recognised political parties must maintain and update list
of their members at least once in a year. Political parties
shall submit this list to election commission every year by
last day of June for previous calendar year.
Scrutiny of Application
-
Nationalised banks shall verify signatures
of the voters recommending a candidate within two working days
after the banks receive request from the Election Commission.
-
Election Commission shall scrutinise all applications
within five working days and bring out any anomaly found, to
the notice of the candidate within TWO working days thereafter.
-
Candidates shall be given an opportunity to
carry out corrections and submit fresh applications within
Five working days after respective candidates are given in
writing anomalies observed.
-
Election Commission shall publish final list
after adding an unknown candidate at top of the list named "None
of the below".
Declaring Final List of
Candidates.
Propaganda
and Canvassing for the Candidate
Government shall bear all
the legal expenditure for this as per the rules approved. Model
rules may include following.
-
Government shall prepare constituency wise
booklets covering full information given by the candidates
in their respective application form.
-
This information also shall be reproduced in
electronic media such as cassette and CD. Voice of Government
artistes working for radio/TV may be used for recording.
-
Government shall provide place and audio aids
(like loud speakers) for all candidates at certain selected
places for talking to the voters. Date and time for each of
the candidates shall be decided by the Government. Advance
information shall be given to the candidates in a public press
conference held by authorised Government official.
-
Candidates shall be allotted time slot on local
radio and TV channel.
-
Government shall put up hoarding showing all
candidates with their election symbol and date of voting and
place of voting for every polling station. One hoarding per
polling station should be the limit.
-
Candidate shall not incur any expenditure during
election campaign except for his personal travel.
-
Candidate shall submit his/her income and expenditure
statement for the period of election campaign. This information
may be used against the candidate any time i.e. during campaign
or later.
-
Government should run an advertisement campaign
to encourage voters to cast their votes on radio, TV, local
news papers etc. This campaign should show voters who have
long record of voting in many elections, new voters who have
just turned eighteen years, voters from all economical classes
etc.
Casting of Votes
-
Voters list must show voter's name, address,
voting booth number and location of the booth in state language.
-
Voters list in state language shall be made
available to voters through all revenue offices starting from
Gram Panchayat to Distt Collector at least two weeks in advance
of the election date.
-
Voter lists in state language shall be made
available on internet and in electronic media like CD at least
two weeks in advance of the election date.
-
Voters list on CD must be made available by
Election Commission to candidates and all political parties
whose candidates are contesting election in a particular constituency
at least two weeks in advance of the election date.
-
Voters list on CD should be available in stationery
stores for nominal price of say Rs. TEN.
Counting
of Votes
-
Before counting of votes data on all voting
machines should be transferred on a computer and final results
be available on computer for the entire constituency. Necessary
modifications for the computer programme should be undertaken.
-
There should be no information available on
segment basis. Segments like area, zone, caste, religion, economic
classification etc. shall not be allowed.
- Pre-election and post-voting surveys shall
not be allowed to discuss or indicate voting pattern on basis
of caste or religion
Back
to Earlier Page Formation of the Government
after Election
Normally largest single party or coalition with
member strength of over Fifty Percent should be invited by the
President/Governor, as the case may be for forming Government.
President/Governor should find this solely from the election results
submitted by the Election Commission. There should be no requirement
of satisfying President/Governor regarding majority. Party or coalition
partners should prove majority only on floor of the house. A time
period of SIX working days should be given for the purpose. In
case, the Government fails to get majority support and votes casted
against are more than Fifty Percent of the strength of the house
those members may be invited to select their leader and approach
President/Governor to claim for forming Government within next
Six working days.
In
case those who opposed the Government formed, fail to put up their
claim for forming Government, election of these members shall be
treated as cancelled. Mid term polls shall be held only for those
constituencies for electing new representatives. Even after mid
term polls if none of the party/coalition fails to obtain majority
the Government should work as care taker Government and at the
end of one year (preferably during Twelfth month) fresh polls may
be ordered. This process may continue till majority Government
is established. While forming Government following criteria should
be applied.
-
Government shall be headed by a member of the
largest single party in a coalition.
-
No party shall have ministerial representation
more than fifteen percent of their elected strength in the
house.
-
Independent Legislature can hold NO post in
the Government or Govt sponsored organisation.
-
No post of Deputy shall be created for elected
representatives.
-
There should be no necessity to have strength
of ministers fifteen percent of the strength of the house.
This should be treated as the highest limit and the actual
strength should be much less.
-
In a coalition Government all legislatures
must support the Government. However they would be allowed
to resign there membership and contest midterm polls. In case
they get re-elected they shall be allowed to decide as to who
they should support.
- During life of the house if any member supporting
ruling coalition decides to withdraw support shall resign his
elected post of member of that house
Back
to Earlier Page Detailed Procedure for Government
Formation
18 April 2005
In
democracy majority is a key word. Philosophy is what is good or
bad for the society must be decided based on the beliefs and thinking
of majority of the people. There should be no argument against
this. After all it is next to impossible to satisfy each and every
person in a society at the same time. So the best solution is to
satisfy more people and leave less people unsatisfied. Here the
key word is 'number of people in the society'.
In
election process right of voting is given to persons of eighteen
years of age and more. So some population is not allowed to vote.
Of course there is nothing wrong in this as persons below certain
age have lesser decision capability. There is no fixed age of a
person when he/she achieves this capability. However there has
to be a demarcation so eighteen years is a good decision. At the
time of casting of votes each and every person does not exercise
his/her right. Usually only forty to sixty percent of the persons
in voters list caste their votes. In exceptional cases it may be
more than sixty percent or less than forty percent. For argument
sake let's consider fifty percent of the voters cast their votes.
Suppose a coalition or a single party gets majority seats in an
election there support comes from maximum twenty five percent of
voters or about twenty percent of the population. Therefore, majority
finally means less than twenty percent of the people. Then how
can we be sure its majority opinion or aspiration?
On
the other hand after election there is a confusion to decide on
who should be allowed to form Government. This confusion leads
to horse treading and unnecessary burden on President/Governor.
In good faith whatever decision is taken by them is sure to be
contested by some party or other. Such a situation is not welcome.
We need to address this situation and find solution. And this solution
must be found today if not at this moment.
Following
suggestion need to be considered and finalised by the intelligentsia,
Government and people. Whatever is found acceptable must be implemented
ruthlessly.
* Election commission on finalisation of results should make a summery as under:
* List of party wise successful candidates.
* Number and percentage of votes (one hundred percent is total voters in the
list) for the party.
* List of parties in different coalition.
* Number and percentage of votes (one hundred percent is total voters in the
list) for the coalition.
* List of independent successful candidate with votes and percentage to total
votes in the voters' list.
* President/Governor should appoint an independent candidate who scored highest
number of votes as a temporary speaker. In case no independent candidate is
in the list of successful candidates, candidate from party which gained lowest
number of posts shall be appointed.
* President/Governor should ask temporary speaker to organise meeting of newly
elected members of the house and give him time period of forty eight hours.
* House in the first meeting must elect leader of the house. In first phase
of election it will be contested by candidates of recognised parties except
members of the single largest party/coalition. Independent candidate shall
have no right to contest this or any other election in the house.
* Candidate elected in first phase now will compete with candidate from the
single largest party/coalition in second phase.
* Whoever wins in second phase shall form government. In case there is a tie,
member of the single largest party/coalition shall be declared as successful.
* In the government so formed only members from the party/coalition of which
leader is elected by the house shall be included in the ministry and all other
Government posts in semi-Government organisations.
* Later, if any member stakes his claim for forming government must submit
an application to the President/Governor supported by twenty five percent of
members of the house with clear undertaking that he/she enjoys support of sixty
seven percent of the members of the house. President/Governor should follow
procedure as under to verify the claim and put up for vote in the house.
* Invite the member and his supporters and make it clear to them that in case
the claim fails all of them shall not only loose their membership but shall
not be allowed to contest any election for a period of six years from the date
of this warning.
* Member who has staked claim and his/her supporters shall give an undertaking
to the President/Governor in writing stating every one of them has understood
the rule and knowing the risk support is offered to the Member staking this
claim.
* If any of the supporters back out or refuge to sign undertaking the member
staking claim shall be dismissed from his/her elected post and shall not contest
elections for a period of six years from that date.
* If President/Governor is satisfied with the claim he/she shall summon the
speaker and direct to make arrangement for voting.
* All members shall be informed to attend meeting of the house and take part
in voting. Those who do not take part in voting their membership shall automatically
be cancelled.
* If the claim is accepted by sixty seven percent of the strength of the house
President/Governor shall ask the current Government to resign and establish
new Government.
* On the other hand if the claim gets backing of less than sixty seven percent
of the strength of the house the member staking claim and his/her supporters
shall automatically loose their membership of the house and shall not contest
any election for a period of six years.
Here
care should be taken in fixing time period for every activity.
It should be in hours and not in days and certainly not in weeks.
Strict rules and firm execution with a view to avoid delay and
corruption are necessary in the present situation. This shall prove
the best solution to have stable Governments at Centre and state
levels. These rules may be applied to ZP and other local bodies
with suitable modification Back
to Earlier Page |
