Ethics And Politics
1. In politics, ethical values play an important role in shaping public discourse. While expecting perfection in politics in an ethically flawed environment is unrealistic and simplistic, the standards set in politics have an impact on other aspects of governance.
2. Criminalization of Politics: Criminals participate in the electoral process, and individuals with criminal backgrounds secure votes for political parties through the use of money and muscle power.
3. Another root cause of corruption is the widespread, illegal, and illegitimate use of funds in elections. Cleaning up elections is the most important step toward improving political ethics, reducing corruption, and correcting bad administration.
RECENT IMPROVEMENTS
a. Improvement in the electoral roll's accuracy.
b. Disclosure of a candidate's antecedents.
c. Persons convicted of criminal offences are disqualified.
d. The Election Commission will enforce the code of conduct.
e. Free and fearless polling was ensured by a Central Armed Forces delegation.
f. The 91st Amendment Act of 2003 capped the size of the council of ministers at 15% of the strength of the Lok Sabha/State Legislature.
ISSUES IN POLITICAL REFORMS
1. Political Funding Reform: Political parties are supported by private donations. There are three types of state funding for political parties and elections around the world.
2. One is the minimalist model, in which elections are partially subsidised on their own.
3. In most cases, through specific grants or state-provided services, such as in the United Kingdom, Ireland, and Australia.
4. The second, maximalist pattern of state funding, as seen in Sweden and Germany, involves public funding not just for elections but also for other party activities.
5. In the middle, there are a variety of mixed patterns, such as in France, the Netherlands, and South Korea, which involve partial reimbursement for public funding of elections on a matching grant basis.
6. The Representation of the People Act of 1951 limits election spending; company donations to political parties were banned in 1969 but later allowed by a 1985 amendment to the Companies Act.
7. In 1990, the Dinesh Goswami Committee on Electoral Reforms recommended limited in-kind support for vehicle fuel, microphone rental fees, and copies of electoral rolls, among other things, while also recommending a ban on corporate donations.
THE WAY FORWARD
In order to reduce the scope of illegitimate and unnecessary election expenditure funding, a system for partial state funding should be implemented.
1. TIGHTENING OF ANTI-DEFECTION LAW
• It is a powerful source of political corruption because it represents the manipulation of the political system for the benefit of private interests.
• In 2003, the 91st Amendment to the Constitution was enacted to strengthen the Tenth Schedule's anti-defection provisions.
• This Amendment requires all people who switch political parties whether individually or in groups – to resign their legislative seats.
• If they defect and are unable to continue in office by engineering a 'split' of one-third of members, or under the guise of a 'continuing split of a party,' they must now seek re-election. Defections are virtually impossible as a result, and this is a significant step forward in cleaning up politics.
WHAT SHOULD BE DONE?
• On the advice of the Election Commission, the President/Governor should decide whether or not to disqualify members for defection.
2. DISQUALIFICATION
• Murder, abduction, rape, dacoit, waging war against India, organised crime, and narcotics offences were among the heinous crimes listed. It also seems reasonable to disqualify people accused of corruption if the charges were framed by a judge or magistrate based on prima facie evidence.
• As a precaution against politically motivated cases, the Election Commission has suggested that such disqualification be limited to cases filed six months prior to an election.
WHAT SHOULD BE DONE?
• With the modification proposed by the Election Commission, Section 8 of the Representation of the People Act, 1951 should be amended to disqualify all persons facing charges related to grave and heinous crimes and corruption.
3. FALSE DECLARATIONS
• The Election Commission has proposed that all false declarations made before the Returning Officer, Electoral Officer, Chief Electoral Officer, or the Election Commission be made an electoral offence under Section 31 of the Representation of the People Act.
4. PUBLICATION OF ACCOUNTS BY POLITICAL PARTIES
• Political parties must keep accurate records of their income and expenditures and have them audited at least once a year.
• This proposal has been re-introduced by the Election Commission. This must be addressed as soon as possible. The public should have access to the audited financial statements.
5. COALITION AND ETHICS
• Coalition partners switch partners in the middle of a coalition, forming new coalitions primarily motivated by opportunism and a desire for power, ignoring the common minimum programme agreed upon prior to the formation of the government.
• In order to preserve the people's will, an ethical framework must be established to ensure that such acts of opportunism as redrawing coalitions between elections do not occur.
RECOMMENDATION
• The Constitution should be amended so that if one or more parties in a coalition with a common programme mandated by the electorate, either explicitly before the elections or implicitly while forming the government, realign midstream with one or more parties outside the coalition, members of that party or parties must seek a new mandate from the electorate.
6. APPOINTMENT OF THE CHIEF ELECTION COMMISSIONER
• The president, on the advice of the prime minister, appoints the Chief Election Commissioner, according to Article 324 of the constitution.
• Given the Election Commission's far-reaching importance and critical role in the functioning of our democracy, a collegium for the selection of the Chief Election Commissioner and Election Commissioners would be appropriate.
RECOMMENDATION
• A collegium led by the Prime Minister, with members including the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Law Minister, and the Deputy Chairman of the Rajya Sabha, should make recommendations to the President for the appointment of the Chief Election Commissioner and Election Commissioners.
7. EXPEDITING DISPOSAL OF ELECTION PETITIONS
• In India, election petitions are currently filed in the High Court. Such petitions should be resolved within six months under the Representation of the People Act.
• However, in practise, such petitions can take years to resolve, and in the meantime, the full term of the House can expire, rendering the election petition ineffective.
RECOMMENDATIONS
• Under Article 323B of the Constitution, special election tribunals should be established at the regional level to ensure that election petitions and disputes are resolved within a six-month period.
• Each Tribunal should be made up of a High Court Judge and a senior civil servant with at least 5 years of election experience (not below the rank of Additional Secretary to the Government of India/Principal Secretary to a State Government).
• Its mission should be to ensure that all election petitions are decided within the legal timeframe of six months. The Tribunals should be established for a maximum of one year, with the possibility of an extension for another six months in exceptional circumstances.
8. GROUNDS OF DISQUALIFICATION FOR MEMBERSHIP
Article 102 of the Constitution allows for disqualification from membership in either House of Parliament in certain circumstances, which include the following:
a. If he holds a profit-making position in the Government of India or any State government, other than one declared by Parliament to be exempt from disqualification by law.
b. If he is mentally ill and a competent court has declared him so
c. If he is not an Indian citizen, or if he has voluntarily acquired the citizenship of another country, or if he has pledged allegiance or adherence to another country
d. If a person is disqualified under the Tenth Schedule, he is ineligible to be a member of either House of Parliament.
e. If he is barred from doing so by or under any law enacted by Parliament. There hasn't been a law like this yet.
f. In light of recent events that have resulted in the expulsion of some Members of Parliament, it may be necessary to spell out in detail other circumstances in which Members of Parliament can be disqualified.
RECOMMENDATION
• Appropriate legislation may be enacted under Article 102(e) of the Constitution, which spells out in detail the conditions for being disqualified from membership in Parliament. Similarly, under Article 198 (e), the states have the power to legislate.