Opinion Party to reform
If political parties dont change,they must be made to by law
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Political parties did not find mention in our Constitution until the Constitution (52nd Amendment) Act of 1985,dealing with defection and the consequent disqualification of the elected members. However,in his last address to the Constituent Assembly,B.R. Ambedkar had cautioned that in addition to our old enemies in the form of caste and creed,we are going to have many political parties with diverse and opposing political creeds and if the political parties place creed above the country,our independence will be put in jeopardy for the second time and probably lost forever. In spite of this,there is still no comprehensive law in our country to regulate political parties.
The Representation of the People Act,1951,passed within a year of the Constitution being adopted,added a chapter,as late as 1989,to deal with the registration of political parties. Although parties can be registered by the Election Commission,there is no corresponding provision for it to deregister a political party. The apex court has held that since there is no specific provision in the law,the general clauses laws do not apply and the EC cannot assume the power to deregister a party. As a result,political parties have mushroomed and today there are more than 1,396 registered parties in India.
There are instances of registered parties not carrying out any political activity. For example,the EC had referred many parties to the income tax department and in two cases it was found that they had raised substantial funds and the donors had availed of tax exemptions,but the funds had been used by such parties to purchase shares and jewellery. A large number of parties,although registered for years,have not contested in a single election. This raises serious doubts about the purpose of registration.
Moreover,there is no law in our country which provides for a ceiling on the campaign expenditure of political parties. This sometimes makes the statutory ceiling on a candidates campaign expenditure redundant. In a sting operation by a media channel on the eve of recent Uttar Pradesh election,candidates admitted that they had spent between Rs 65 lakh and Rs 85 lakh,when the ceiling is only Rs 16 lakh. Large chunks of opaque funds are also pumped into election campaigns.
In 2003,the Registration of People Act was amended to enable political parties to accept donations from any person and company,other than a government company. The amended law provided for one-time disclosure of information about donations exceeding Rs 20,000 to the EC,at the end of financial year. Income tax laws were simultaneously amended to exempt such donations from tax. The amended law incentivised donations to political parties and there were no corresponding provisions for disclosure of audited accounts,neither were there corresponding penal provisions for defaulting political parties. So the income tax returns of many parties,including national level parties,show that the donors of only a minuscule portion of funds are disclosed to the EC. Yet the transparency and accountability of public institutions are indicative of the health and vitality of a democracy and citizens have a right to know what economic benefits donors have got from the political system after making the donation and how the funds are utilised by the party.
In her recent farewell speech,former president Pratibha Patil had spoken of the need for electoral reform,telling law makers that there will be arguments in the process for the search for answers,but it could never happen that in the din we lose our way forward. The EC has been demanding electoral reforms since 2004. This has been echoed by NGOs and citizens forums as well. The Confederation of Indian Industry has made similar representations,demanding more transparency in the accounts of the political parties. The law ministry and the EC jointly held regional consultations last year with citizens forums,NGOs and political parties on electoral reforms which include proposals to debar criminals from contesting polls,ensure democracy within the parties and enforce transparency and the disclosure of funds by political parties. But the proposed reforms are yet to see the light of the day.
Candour,transparency and accountability are the cardinal values of a democracy,which political parties are supposed to uphold. If the parties do not exhibit these values on their own,comprehensive legislation on political parties is a credible alternative. Lack of legislation to regulate political parties will result in the public losing faith in the political system,which will be perilous for any democracy.
The writer is director general,the Election Commission of India,express@expressindia.com
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