Constitution panel for debate on indirect elections

The consultation papers and questionnaires are available on the web ncrwc.nic.in. Each consultation paper deals with a specific subject, often suggesting solutions to one or the other current controversy. The NCRWC will come up with some more consultation papers altogether about 20 before finalising its reports.

The Gandhian model commended by the NCRWC envisages direct elections only at the level of panchayats and other local bodies. The representatives of the local bodies will elect the zila parishads and they will together elect the state legislature. Next, the local bodies, zila parishads and state legislatures will elect Parliament. The Prime Minister and chief ministers will be elected by Parliament and state legislatures.

If all this sounds too experimental, the NCRWC also offers a wide range of reform options 8220;within the four walls of the existing system of elections8221;. These include the proposal for introducing 8220;run-off elections8221; to ensure that candidates win at the state and parliamentary levels only on the basis of a majority vote 50 per cent plus one vote. If nobody gets a majority vote in a constituency, then it will have a run-off election between the top two candidates.

The idea of the run-off elections is linked to the proposal of making electronic voting machines EVMs compulsory in all the constituencies. Since the EVMs count the votes instantaneously, the run-off elections, wherever necessary, may be held the very next day.

Referring to the abuse of the anti-defection law, the NCRWC suggested repeal of the provision recognising en masse defections as a split in the party. If a legislator wishes to leave his party or vote against it, he should in all circumstances forfeit his seat.

Referring to the raging controversy over the women8217;s Bill, the NCRWC called for a law regulating the functioning of political parties. Under the proposed law, all political parties will have to observe inner-party democracy with at least 30 per cent representation in its organisational positions at every level for women. Building on the Election Commission8217;s suggestion, the NCRWC said the law should also make it compulsory for women to be given at least 30 per cent of the party tickets at the time of elections to Parliament and state assemblies. The parties violating these stipulations will run the risk of being derecognised or deregistered.

The WTO treaties signed by the Government without taking Parliament into confidence prompted the NCRWC to suggest a law delineating the powers of the executive and legislature regarding treaties with foreign countries.

Referring to the delay in the discovery of the Bihar fodder scam, the NCRWC suggested a Constitutional amendment giving the auditor generals of states the same status as high court judges so that the Indian Audit and Accounts Department is decentralised and made more efficient. It also proposed that audit officers be given legal powers to enable them to implement their findings.

Given the enormous grants to autonomous bodies and NGOs to cater to the social sector, the NCRWC suggested a Constitutional provision stipulating that all publicly funded bodies shall be accountable to the Comptroller and Auditor General Camp;AG.

The NCRWC suggested a Constitutional amendment reversing the immunity conferred by the Supreme Court in P.V. Narasimha Rao8217;s case to bribe takers.

Since a majority of states supported the proposal, conditionally or otherwise, the Commission suggested creation of an all-India judicial service to improve the efficiency of the subordinate judiciary.

The Commission suggested a law establishing the Government8217;s liability for the negligent acts of its officials, subject to certain exceptions.

The other points on which the Commission has called upon the country to debate and give suggestions are:

The proposed law on political parties should bar them from fielding any candidate who has been convicted or against whom the courts have framed charges. If any party violates this stipulation, the candidate involved should be disqualified and the party deregistered forthwith.

The existing constitutional immunity should not bar prosecution of an MP who received a bribe for voting in a particular manner or for not voting at all. But such a prosecution will first have to be sanctioned by a permanent committee of five MPs appointed by the President in consultation with the presiding officers of the two Houses.

Other than sovereign functions like defence and security-related operations and judicial orders, all acts of the state be liable to claims for damages. The Government however cannot be allowed to get away with violations of fundamental rights under the pretext of sovereign functions.

Should the ongoing disinvestment allow those public sector companies to evade public accountability? Should quasi-judicial powers as available under the Commission of Inquiry Act be given to senior audit officers? What should be the accounting and audit arrangement of panchayats and municipalities? Should a constitutional status be given to Parliament8217;s Public Accounts Committee?

The law proposed on the treaty-making power should provide for clear and meaningful involvement of Parliament. This can be done by constituting a parliamentary committee to which every treaty proposed to be signed or ratified shall be referred.