2. • 162 MPs elected to the 15th Lok Sabha faced criminal charges,
• 76 were serious.
• 289% increase in the assets of MPs who re-contested elections in 2009.
• The average wealth of a Lok Sabha MP was INR 5.33 crore in 2009, a
186% increase from 2004.
• The electoral reform process has been slow since parliamentarians have
an incentive to delay legislation in order to protect corrupt or criminal
benefactors.
• The introduction of ElectronicVoting Machines in the 2004 parliamentary
elections was seen as a significant step in reforming the electoral process.
• July 2013, the Supreme Court finally ruled that convicted candidates
cannot run for elections.
Status Quo
3. • The two verdicts of the SC had sparked widespread
concern that it will be used to harass political rivals.
Reacting on the judgment, law minister Kapil Sibal had
said that this would have long-term ramifications on
politics of India.
• There would be serious encroachment on the
constitutionally validated right to contest elections
based on false and malicious reports by the opposition
Possible loop holes
4. • Often parties rely on razor thin margin in their
victories and due to the new law being passed it
might so happen that those in opposition might
file false complaints against those candidates
who are highly likely to be elected.
Possible loop holes
5. • In India where Law of Precedents is followed it is a sign of great weakness
in this system that a two judge bench is over-ruling a judgement given a
higher bench, 5-judge bench, which had already declared the sec.8(4) of
The Representation of People’s Act as not “unreasonable”.
• This not only is against the custom of justice delivery system in the
country but is also jeopardising the system in totality
Instability in the legal system likely to be
caused
6. • Putting a stay on the conviction of the accused
(or victim of the loophole, as the case maybe) as
has been previously suggested in the case
of Navjot Singh Sidhu Vs. State of Punjab and
Anr.(AIR2007SC1003)
Possible Solutions to the problem
7. References :
•The Times of India
•Daily News and Analysis
• Electoral Reforms In India: Current Discourses - B. Venkatesh Kumar
•Votes and Violence: Electoral Competition and Communal Riots in India -
Steven I. Wilkinson
•Multiparty Democracy: Elections and Legislative Politics / Norman Schofield
and Itai Sened
•Websites : www.rakshakfoundation.org
• www.eci.nic.in
www.sec.gujarat.gov.in
Appendix
