http://timesofindia.indiatimes.com/india/Elections-biggest-source-of-corruption-CEC/articleshow/7796706.cms
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by Rakhi Chakrabarty, TNN (Times of India)
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Actually British Module of Election System is source of Corruption: Milap Choraria
.by Rakhi Chakrabarty, TNN (Times of India)
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NEW DELHI: Elections have become the biggest source of corruption, said chief election commissioner S. Y Quraishi. According to him, one of the new missions for the Election Commission (EC) is to fight against money power in polls.
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In the run-up to assembly elections in Tamil Nadu, around Rs one crore is being seized daily, according to unconfirmed sources. On Friday, a Trinamool Congress Rajya Sabha MP from Jharkhand, Kanwar Deep Singh, was stopped at Delhi's IGI airport with Rs 57 lakh in cash. He was allowed to go after he clarified that the money belonged to his company. He was on his way to poll-bound Guwahati.
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Speaking to TOI, Quraishi said, "The MP was able to explain the source of the money, but I am not sure if he explained its end use, especially, because he was going to a poll-bound state."
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Candidates' spending spree during election is a competitive phenomenon. "Anecdotally, we know that if a candidate spends Rs 2 crore, he wants, say, Rs 10 crore in return. He has to take the help of criminals and moneybags. Once elected, he twists policies to favour the moneybags," said Quraishi.
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So far, the EC has not received any report of paid news from the five states going to polls, he said. But, recent elections showed a rise in instances of paid news. "A total of 86 cases of paid news have been brought to our notice. People have been pulled up for it," Quraishi said at a lecture on Friday, adding, "treatises between media houses and political outfits are disturbing."
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He pointed out that political parties and media houses dress up election manifestos as editorials.
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In my opinion actually the British Module of the Election System, which we adopted due to our compulsion based on Agreement between British Government and Congress Leaders headed by Shri Jawahar Lal Nehru, is responsible for all types of corruption in India. During the year of 1996-2003, I have discussed in detail in my Hindi Articles, which were published almost all Hindi Newspapers covering every part of India, that the main source of the Corruption, is British Module of Democracy adopted for Indian democracy, and made alternative suggestion suitable to India, and aspiration of Indians. I compiled such suggestions, particularly made with regards to reforms in our Constitution and Election System in a Book under title: A Model of New Constitution For India. Once again I am repeating that unless we not remove present British Election System, we cannot check the corruption. My suggestions were based on the following fundamental democratic principles:-
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(1) Election must be based on representative character. To materialize this principle, Voters as against Votings, should be given actual value for election of the Members of Loksabha, State Legislatures and Local self governments.
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(2) Eligibility of the candidates should be based on performance and rewards;
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(3) As Running water always available for use, but blocked water always contraminated for dangerous to health. Similarly one should be allowed to contest for any Democratic Office only for a limited period;
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(4) Honesty must be one condition for candidature for any democratic election.
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I have In considerations of my bad experiences from very renowned personalities, I decided get registered the Book “A Model of New Constitution for India”, under Copy Rights Act. On 27th September 2004, I submitted my application to the Registrar of Copyrights, India, and same was registered vide Registration No. L-23511/2005. The entire Book is posted at http://constitutionindia.tripod.com
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http://constitutionindia.tripod.com/id14.html (For Proposed Article 56 of “A Model of New Constitution For India”, with regards to Election of the members of Lok Sabha )
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http://constitutionindia.tripod.com/id16.html (For Proposed Article 113 of “A Model of New Constitution For India,”, with regards to election as the member of State Legislative Assembly)
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http://constitutionindia.tripod.com/id17.html ((For Proposed Article 160 of “A Model of New Constitution For India”, with regards to Local self-Governments)
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Important and related part of suggestion are as under:-
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Proposed Article: 56. Election of the members of Lok Sabha
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(1) Any person who holds, or held office of a Legislative Assembly of any State for Two consecutive terms or for minimum six years shall be eligible for election to Lok Sabha.
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(2) A person, who was never convicted, and having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to Lok Sabha. Arrest in respect of any specific public movement, based on a prior Notice to the Local Police Station, shall not be construed as a criminal offence, with regards to this provision, is concerned.
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(3) A person shall not be eligible contest the election to Lok Sabha from two constituencies at the same general election.
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(4) A person holds any office of profit under the State on the day of his nomination paper, shall not be eligible for election to Lok Sabha.
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(5) A person shall not be a member of any Legislature of any State or Rajya Sabha on the day of his nomination paper is presented.
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(6) (a) A candidate could be get elected, from respective constituency, if highest votes get by him would construed as more than twenty percentage of total voters, enrolled in that constituency;
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(b) In case no candidate gets such support, and then second voting shall be held for two candidates, who gets highest votes in first voting.
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( c) A candidate gets highest votes in second voting, shall be member of Lok Sabha from such constituency for fix tenure of three years.
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(Provided that the condition under sub clause (a) would not be applicable, if total number of candidates in first Voting is two.
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(7) A candidate for the election as member of the Lok Sabha shall affirm an oath before the Election Commission of India that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election, and submit detail of movable and immovable properties in his own name and in the name of wife and spouses, and another list of relations.
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Proposed Article: 113:- Qualification for, and election as the member of State Legislative Assembly.
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(1) Any person who holds, or held office of a body of Local self-government within a particular State for Two consecutive full terms or minimum six years, shall be eligible for election to State legislative Assembly of respective State.
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(2) Any person, who was never convicted, or having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to a State Legislature. Arrest in respect of any public movement shall not be construed as arrest in a criminal offence.
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(3) A person shall not be eligible to contest election of the State Legislative Assembly more than three times.
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(4) (a) A candidate could be getting elected, from respective constituency, if highest vote received by him, shall construed as twenty percentage or more of voters, enrolled in that constituency.
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(b)In case no candidate could get such votes, than second voting shall be held for two candidates, who gets highest votes in first voting.
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(c) The condition prevailed under sub-sub clause (a) would not be applicable in second voting.
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(a) A candidate gets highest votes in second voting, shall elected as member of Legislative Assembly of respective State from such constituency for fix tenure of three years.
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(5) A candidate for the election as member of the Legislative Assembly of respective State shall affirm an oath that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election.
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Proposed Article:- 160. Local self-Governments.
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(1) There shall be a elected (1) village panchayats under control of panchayat samitees and under supervision of zila parisads, (2) nagrik samitees under control of nagar palikas, (3) nagrik samitees, under control of up-nagar samitees and under supervision of Municipal Corporations, as units of Local Self Governments at Village levels or Towns or Cities or Metro Cities and to decentralise the powers, authority and functions of the administration, to ensure that the real nerves of the powers shall vest with the people, Parliament shall make laws to regulate that-
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(a) for more or less one thousand adult suffrages, there shall be one elected representative at one of the unit of local self-governments;
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(b) no person shall contest election for the same office for more than two terms;
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(c ) any convicted person or having under charge sheet, or accused in any criminal case six months prior to date of nomination paper for any office of Local Self Government, shall not be eligible to contest election for any unit of local self governments;
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(d) to ensure that-
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(i) no person contesting election for any unit of local self-government shall get elected, unless he gets support of thirty percentage of votes enrolled in the voter list of the respective constituency or half of the total voting so far castes -whichever would be higher-, provided;
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(ii) in case no candidate could able to muster necessary votes in the first voting, second voting shall held for three candidates having received highest votes, in first voting;
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(iii) even in second voting no candidate could able to get required number of votes, after relinquishment of the terms of percentage of votes, third and final voting shall held for two candidates having highest votes in second voting;
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(iv) if total number of candidates in first voting would be three or less, provision under sub-sub-clause (iii) shall not be applicable; and
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(v) if total number of candidates in first voting would be two, provision under sub-sub-clause (ii) and (iii) shall not be applicable.
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(2) The Election Commission of Bharat, with the help of State Election Commissions shall supervise and see that elections of the local self-governments shall free and fare.
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(3) That when any political party does not gives its one third tickets to women candidates, for any particular local self-government unit, all candidates of such political party shall be considered as independent candidates, for that particular unit.
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(4) That law should be made by the Parliament in clear terms regarding the powers and authority of the each unit of local self-governments, and should ensure transparency in the affairs and activities of such units and to ensure the right to information and participation of the common man during the meetings of such units, just as visitors.
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(5) Wherever law provides elections of the members of local self-governments under the banner of political parties, gram panchayats should not be empowered with the dispute redress powers.
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(6) Wherever in any local self-government unit, the population from any tribal constitutes thirty percentages or more of the total local population the office of Chairperson of such local self-government unit shall be from such tribles.
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In my views, a Citizen should understand his Fundamental Duties, before seeking remedy against infringement of his Fundamental Rights. Therefore, before filing a Writ Petition he should affirm that he not infringes fundamental rights of any citizen. Impact of these provisions would restrain citizen from committing crime.
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Rights of property accumulated by way of legal means and from bona-fide sources would be guaranteed.
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Protection of an accused against arrest should be ensured, provided within time fixed under the law he come forward to record his true statement before Court of Law in respective matters.
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Right to damage is guaranteed against misuse of the powers committed by any authority.
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Polity related suggestions in the Book are summarized in the following manner:-
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Each Parliamentary Institution including Loksabha (Except RajyaSabha and State Councils) should be constituted for a maximum fixed tenure of THREE YEAR.
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A citizen, in his/her whole lifetime should be allowed to contest only for two terms for any Parliamentary/Democratic office starting from any Office at the Local-Self Governmental level or up to the office of the President or Prime Minister.
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Any person successfully hold any office at the Local-Self Governmental levels for consecutive two terms without being charged for any crime or corruption, should allowed to contest the election for any State Assembly, likewise any person hold Office of the Membership of any State Assembly for consecutive two terms without being charged for any crime or corruption should be allowed to contest election for Loksabha.
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One can get elected for any office at the Local-Self Governmental levels, if he gets 30% and get elected to any State Assembly or Loksabha if he get 20% VOTES of the Voters listed in the Voters Lists of the respective Constituency. It will help to encourage the political system to unite the people instead of the present system to divide the people. In early years when system would be adopted it may be possible that there may be elections for Two/Three Times for majority number of Seats. But, this complicity would be removed once system would be developed.
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Recognistion of a Political Party at the National Level should be based on 10% of the Total Numbers of the Voters Listed in the Voters Lists at the National Level and likewise similar provision would apply for recognistion of a State Level Political Party.
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National Political Party would be entitled to declare its candidate for the Office of the Prime Minister six months prior to the determined date for the next General Election. The Person names as candidate by any Recognised National Political Party through appropriate election procedure, automatically gets Membership of the Loksabha. The Recognised National Political Party gets Highest Votes through all of its respective candidates for Loksabha during the General Elections -no matter whether those candidates would be elected or defeated-, its pre-announced candidate get elected for the Office of the Prime Minister for the fixed tenure of Three Years.
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Each Political Party and its Parliamentary Party should be regulated by Law and mandated to adhere the democratic principles in the all the matters of its working and affairs.
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A mechanism is given under which election of one-third ladies Members would be ensured without reservation of the Constituencies.
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The purpose of my suggestion were to ensure strong democratic election system based on representative nature and character, ensure unity amongst all parts of the country and people irrespective of their cast, religion, etc. Then only the Gates of the politics would be opened for the honest and sincere people. Individuals and Parties without any restrictions can survive in the politics, if they adhere to moral and legal values. I got very good response from the Newspapers as well as from the Readers.
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I also submitted it to the National Commission for Review of Working of the Constitution of India. I received acknowledgement Letter from the Secretary of the Commission. Commission forwarded me its each printed Report. But I find that my name was not included in the list of the persons who submitted representation.
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To read my others suggestions and detail addresses of my other websites kindly visit: http://milapchoraria.tripod.com/msp
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On 30th June 1997 I submitted a concept before Indian Railway based on which TATKAL Scheme was lunched in July 1997. Recently I started to get information under Right too Information Act, 2005. The Central Public Information Officer, Railway Board, informed me that my suggestion letter is not available in file, though I deposited the same against signed receipt. I wanted to see the file, and after going by file, it seems that respective Senior Railway Personnel manipulated the matter not to recognise my name for the Scheme. Otherwise, Railway should have written a letter of appreciation to me.
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On 20th March 1996 I submitted a Petition before the Election Commission of India suggesting thereby to issue direction under Article 326 of the Constitution of India, under which every candidate for the State Assemblies and Parliament should file affidavits disclosing information relating to criminal Case pending against them. By Letter no. 509/Disqln./97-J.S.I Dated 28th August 1997 Election Commission issued an Notification with directions that every candidate for election to State Assemblies or Parliament should furnish some information. The Affidavit evolved in the Notification was completely based on concept referred in my said Petition dated 20th March 1996. On 27th October 2005 I submitted application under Right to Information Act-2005 to know what action was taken on the basis of my said Petition. By Letter dated 17th November 2005 Election Commission replied that my Petition is not available on records. Thereafter I submitted photocopy of the petition and signed receipt, then Election Commission accepted that my petition is available in the file and examined but found not fit. Under the Right to Information Act-2005 I sought photocopy of my Petition and wanted access to entire file relating to entire proceedings by which my Petition is found not fit and further wanted access to another file by which said Notification is issued. With my utter surprise Election Commission supplied me photocopy of my Petition, but from which it appears that the same was edited photocopy, not the true photocopy.
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TRUTH SHALL ALWAYS PREVAIL
Milap Choraria https://lists.riseup.net/www/arc/RTI-TIMES
National Convenor : Movement for Accountability to Public (MAP)
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