Question
Write a short note on 'Regulating Political Parties'.
Solution
Political parties have their significant position in modern mass democracy. The conduct of election is largely dependent on the behaviour of political parties. Unfortunately, today the political parties do not follow their own Constitution. They hold no party elections and continue to function for years.
A few persons holding the apex position, strangulate the democratic functioning and aspirations of the members of the party at the grassroots. Therefore, it is most needful to reform political parties and make them open, democratic and accountable.
The laws apart from making it obligatory for parties to have internal democracy and work in an accountable manner should empower the Election Commission to make regulations for:
(i) Compulsory registration of political parties.
(ii) Compulsory maintenance, auditing and publication of accounts.
(iii) Submission of reports to the commission.
(iv) Mandatory publication of membership rolls, election of office bearers at every level by secret ballot.
The commission has suggested that anyperson who is accused of any offence punishable with imprisonment for five years or more should be disqualified, even when his trial is pending, provided that the competent court of law has taken cognizance of the offence and framed the charges against him.
In August, 1997 the Election commission issued an order. This order made it mandatory for every candidate to file affidavit about his/her convictions in cases covered by law. The Commission also clarified that the conviction by Trial Court itself is sufficient to attract disqualification and even those who are released on bail during the pendency of their appeals against their conviction are disqualified for contesting elections.
The Election Commission's position was further strengthened by a judgement of the Supreme Court delivered on May 2, 2002 asking the government to amend the rules to make it obligatory for candidates for elections to the Lok Sabha and the State Assemblies, to give information about their assets and liabilities, qualifications and criminal antecedents, if any.
A few persons holding the apex position, strangulate the democratic functioning and aspirations of the members of the party at the grassroots. Therefore, it is most needful to reform political parties and make them open, democratic and accountable.
The laws apart from making it obligatory for parties to have internal democracy and work in an accountable manner should empower the Election Commission to make regulations for:
(i) Compulsory registration of political parties.
(ii) Compulsory maintenance, auditing and publication of accounts.
(iii) Submission of reports to the commission.
(iv) Mandatory publication of membership rolls, election of office bearers at every level by secret ballot.
The commission has suggested that anyperson who is accused of any offence punishable with imprisonment for five years or more should be disqualified, even when his trial is pending, provided that the competent court of law has taken cognizance of the offence and framed the charges against him.
In August, 1997 the Election commission issued an order. This order made it mandatory for every candidate to file affidavit about his/her convictions in cases covered by law. The Commission also clarified that the conviction by Trial Court itself is sufficient to attract disqualification and even those who are released on bail during the pendency of their appeals against their conviction are disqualified for contesting elections.
The Election Commission's position was further strengthened by a judgement of the Supreme Court delivered on May 2, 2002 asking the government to amend the rules to make it obligatory for candidates for elections to the Lok Sabha and the State Assemblies, to give information about their assets and liabilities, qualifications and criminal antecedents, if any.
The Election Commission by an order of May 14,2002 implemented Supreme Court's directives. Election Commission has taken some steps to control use of muscle power also. These include ordering fresh poll in case of destruction of EVMs in polling booths and coercion, intimidation and impersonation at polling stations. Withholding the result, pending investigation by the Commission on complaints of booth capturing and recommending actions against officers for negligence in duties.
