Govt for changes in law to bar criminal candidates
Source: The Sangai Express / Press Trust of India

New Delhi, December 30 2011: Government has made significant changes in the proposal to debar criminals from contesting elections and other issues, says Chief Election Commissioner SY Quraishi.

Expressing "disappointment" over the delay in bringing important legislations on electoral reforms and not passing them in the winter session, he hopes Parliament will make a beginning at least in the Budget session.

"We are disappointed that this (electoral reforms) did not happen in the winter session while 30-40 bills came and our bill did not not come.

"The only benefit of doubt that needs to be given is that the government was kept busy with the Lokpal round the clock.

I hope at least in the budget session the government keeps its promise and brings up this bill," Quraishi told PTI in an interview.

He said Law Minister Salman Khurshid came to the Commission a third time and gave an assurance that the government will bring major reforms in the winter session that included proposals to debar criminals and transparency of political funding.

"And he asked us whether we are ok if other issues can be taken up later.

We said yes that these issues are the most important and crucial.

We will be happy if these are brought up.

He has some modifications to our proposals and we are ok with those also," he said.

Modifying the Commission's proposals, government has raised the period from six months to one year the chargesheet filed against a candidate for heinous offences to bar them from contesting.

"Our formulation and also that of the Law Commission, which consists of jurists, has been that at least in those cases which are of heinous nature, not not petty law and order agitations but of heinous offences like rape, murder, dacoity, kidnapping, etc., where the FIR hs been registered six months before the election and court has framed the charges, the candidates can be barred.

"The court is an independent and judicial body and framing of charges is done with judicial application of mind even if prima facie at that stage.

At least in those cases they should be barred," the Commission had suggested.

On government's modification, he said, "We said no no problem.

Then they said instead of six months or one year from FIR, if it is one year from the chargesheet.

We said no no problem but please make a beginning.

But we are hoping that in the budget session it will come." He said the government has been saying that political consensus has been difficult on debarring criminals, which is also obvious because every party has its share of such candidates.

"And they say that false cases in politics by their rivals is a common practice.

So it will be unfair to debar them on the basis of a possible false complaint." The Chief Election Commissioner said the government has been constantly reminded on electoral reform proposals pending for over two decades now.

"We have been reminding the Government on proposals pending for two decades.

In fact, I pursued the matter with Moily very strongly and repeatedly and he was kind enough to come to the Election Commission to discuss with us in September 2010.By the way, it was eight months before Anna (agitation)," said Quraishi.

Quraishi said Law Minister Salman Khurshid during his visit to the EC had assured on bringing major reforms within the Winter session of Parliament.

"He (Khurshid) told us that he will bring the major reforms within the winter session of Parliament.

The major reforms that were promised to us were debarring criminals and transparency of political funding," the CEC said.

Quraishi said "our proposed reforms are meant to stop the criminals and the corrupt at the gate itself.

They should not be allowed to contest in the first place." On the incumbent MPs and MLAs having an advantage of not being debarred if convicted during their tenure, he said during the discussion the Commission was informed by the government that they were taking away that incumbency advantage.

"In fact, in our discussion we were informed that they are taking away that incumbency advantage.

Because current law holds that if a sitting MP or an MLA is convicted, he will be debarred from contesting the future elections.

"But, now now the proposal in election reform is that he will be immediately unseated.

This is a proposal as part of the reforms with the government," he said.

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