EC hails court judgments, unsure of ground impact

Last week, SC struck down provision in Representation of People Act that protected convicted lawmaker from disqualification on ground of pendency of appeal in higher courts

The Election Commission (EC) is weary of outcome of recent court judgments that seek to correct faults in India's electoral system.  

“It is a shot in the arm and the EC is bound to be happy with the SC judgment on decriminalization of politics,” said a senior EC official, who wished not to be identified due to sensitivity of the matter.

“But we are hearing reports that people with criminal charges are now preparing their kith and kin to fight in their positions,” the official added.

Last week, the SC struck down a provision in the Representation of the People Act that protected a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts. Such people were allowed three month time to file an appeal before a higher court. The same SC bench has also barred people on trial from contesting the elections. The ruling will not impact current lawmakers.

The EC believes that political parties will reconcile to the rulings. “But, if they (government) have to undo the SC ruling, the government would have to change the constitution with two-third majority votes in both the houses.”  The EC said it has been pressing for electoral reforms to decriminalise politics since 1998, but their request has fallen on deaf ears.

“Every time a new law minister takes charge, he gets his first letter from us urging him to expedite the matter. Last we heard that the Law Commission has compiled its report and they have invited public opinion.”

Asked about the recent Central Information Commissioner (CIC) ruling to bring political parties under the purview of Right to Information Act (RTI), the official said: “Through newspaper reports, we have come to know that the union government is amending the RTI Act to exempt political parties. The very action defeats the basic principle of transparency and fairness.”

“There are some practical difficulties for political parties to implement RTI Act, but a fine balance needed to be struck. There argument that they (political parties)  provide details to Election Commission and Income Tax, does not hold much ground because information provided by them is barely sufficient,” the official added.

The EC welcomed the Allahabad High Court's judgment to ban caste based political rallies in Uttar Pradesh. “It will rob the political parties of benefiting from such rallies. The EC too has its limitations; we can implement the judgment only during the time of elections.”