The inflow of black money in electoral process is a great menace. The Hon’ble Supreme Court has observed after discussing various issues in this regard based on real incidents as brought on record that the political parties and candidates collect money from undisclosed and doubtful sources for the purpose of fostering their electoral prospect. In the case of Common Cause, a registered society -vs- Union of India, reported in (1996) 2 SCC 752 the Supreme Court has discussed the ill-effect of black money in electoral process and the consequences ensuing therefrom during the next tenure of the government coming in power. The initial incorporation of corrupt money through illegal means result in corruption in executive compulsorily and in the process the people are always deprived from the benefits they are entitled. The Supreme Court, therefore, has made as many as seven recommendations making it obligatory on the part of the political parties to submit return in regard to their income and expenditure. In its report dated 31.3.2002 the NCRWC has also highlighted the problem of high cost of election and abuse of money power under paragraph 4.14 of its report. It has been opined that present provisions of law have a significant loophole in the shape of explanation 1 to section 77 (1) of the RP Act 1951 under which the amounts spent by person other than the candidate and his agents are not counted in the election expenses. All extra expenditure even when known and proven can be shown to have been spent by the party or by any friends thereby taking it beyond the enforceable realms. The report therefore recommended for suitable amendment, inter alia, by deleting explanation-1 to section 77(1) of the RP Act 1951.
The subversion of the atmosphere of free and fair poll is often done by the political parties and their candidates dividing people on the basis of race, caste, creed, language and religion and in the process the judgment of the people get vitiated by extraneous consideration other than on merit. Merit has virtually occupied the back seat in the present scenario of electoral politics because of various factors as referred to above. Unless suitable legislations are made to curb the trend, the future of our democracy will continue to be shrouded in darkness.
The Phase-III occurrences include various types of corrupt practices within the meaning of section 123 of the RP Act 1951 and also by other means unknown to the said sections. Apart from usual corrupt practices like booth capturing, undue influence, rigging etc. there is yet another class of manipulation termed as ‘classical rigging’ by a well known journalist while making comment about the modus operandi of the election machinery of the Left parties in the West Bengal.
The latest controversy that has come to fore is with regard to reliability of EVM. While the Dinesh Goswami report of 1990 and the opinion of the EC is in favour of use of EVM but a recent spate of articles in international journals of computer science and electronics have opened up a significant debate in this regard. The former Chief Secretary of the Union Territory of Delhi has been in the press recently for his statement that EVM can be manipulated. The strongest objection to the use of EVM has come from former Law Minister Dr Subrahmaniam Swami. He has written an article in the (The Hindu, June 17, 2009), raising several strong and legitimate objections as to the advisability of use of EVM which need to be duly addressed. Dr Swami has quoted an article published in the International Electrical and Electronic Engineering Journal (IEEE, May 2009 page-23) and Newsweek (June 1, 2009). It is a fact that a backlash against e-voting is brewing across the world. Germany’s Supreme Court has already prohibited use of EVM after one software consultant sued alleging that an EVM is less secure than a mobile phone. Netherlands has already banned use of EVM. The matter is in significant controversy in US after the Secretary of State of California has set up a full-fledged inquiry into EVMs after staying all further use. By holding a press conference at Chennai, Dr Swami has alleged that political party of India has just before last General Election recruited large number of persons who had been convicted in the US for hacking bank accounts on the internet and the credit cards. According to Dr Swami, the EVMs being nothing but computers with softwares programmed in it, are vulnerable to manipulation by hackers who has access to it. The incidents referred earlier in regard to polling of more than 100 per cent in large number of polling stations in Arunachal Pradesh may be by way of such manipulations.
Introduction of machine in election was done by the EC for the first occasion in 1982 in a constituency in Kerela. This was challenged by the defeated candidate Sivan Pillai successfully and as such the matter was brought to the Hon’ble Supreme Court in the case of AC Jose-Vs-Sivan Pillai, reported in AIR 1984 SC 921. The Supreme Court found fault with the EC saying that Art. 324 cannot confer power on the EC to introduce a new system without amendment of law by the Parliament and as such the first attempt was declared illegal. Thereafter the Parliament in its wisdom passed Act I of 1989 authorising the EC to make use of machine by incorporating Section 61A in the RP Act 1951. But it appears that the Supreme Court once again has advised the EC to reconsider the technical flaws of EVM in a PIL filed by one Satinath Choudhary, a US based software engineer.
I have stated earlier quoting concrete examples as to how polling in about 20 booths in one LAC of the state of Arunachal Pradesh could be rigged within an hour or so taking advantage of EVM. This is because in the EVM system one has to press two buttons only in casting votes. The labour is minimum in pressing button twice. On the other hand rigging under traditional ballot system is more arduous inasmuch as there the process to voting involves several steps like tearing of ballot papers from the bundle, marking the same, folding the ballot papers and there after to push it inside the ballot box so I feel under the facts and circumstances it is necessary to abandon the EVMs and to revert back to ballot system.
One more fundamental aspect has been highlighted in both 170th report and the report of the NCRWC is that the present system of First Past the Post (FPP) system does not reflect the will of the people. In the FPP system a candidate getting say, 35 per cent of votes may win because of multi-cornered contest and presence of huge number of independent candidates. It is possible that a party or a pre-poll alliance may occupy the power only by commanding 35 per cent support of the people. Even in the 14th Lok Sabha the INC has been occupying the driving seat of the government after having polled merely 28.52 per cent of votes in aggregate. Thus the number of seats in Parliament which is the only important factor is not proportional to the aggregate percentage of support by the people. The 170th Law Report, therefore, has suggested that the FPP system be done away with partially if not fully. It has recommended amendment of Article 81(1) of the Constitution providing that not more than 530 members be chosen by direct election from territorial constituency in the state, not more than 20 members to represent the UTs chosen in such manner as Parliament may by law provide and not more than 130 members be chosen by list system in such manner as Parliament may by law provide.
It may be further added that if law is made providing that a candidate has to submit a list of two polling agents per booth for at least 75 per cent of total number of booths in the constituency prior to scrutiny of nomination and that no person other than the listed ones would be permitted to act as polling agent and further providing that in case a candidate fails to submit such list his nomination would be rejected. This would minimise the number of non serious candidates most of whom are dummy candidates in reality. It would be necessary to provide further by law that the EC shall be duty bound to impart training to these polling agents at the time of training the polling staff as to the rules governing free and fair poll and the duties and responsibilities of the polling agents. Such awareness and knowledge imparted to polling agents shall substantially suppress the undue acts of the polling staff facilitating manipulation.
These are only some of the aspects in regard to electoral reforms. A nationwide debate in this regard involving politicians, teachers, and lawyers, intellectuals, journalists and the Bar Councils and the Bar Associations so as to find out the ways and means to get rid of the viruses that have crept into the election machinery. Unless some steps in remedy are taken in tome our democracy shall be in jeopardy.
(Concluded)
