Electoral malpractice: Reform political parties

Bell the Cat

Matters pertaining to promises of ‘freebies’ and the use of religious names and symbols by political parties are currently before the Supreme Court, but they are not the only issues that need urgent intervention by the apex court. Rather, it should address the root cause of all electoral malpractice being indulged in by most political parties. The court should expand the scope of the PILs before it and examine the need and scope of regulations governing all aspects of political parties. It should not be left to Parliament to enact any law in this regard since no political party likes to be regulated in any way. The court must seize this opportunity and lay down the rules for the political parties.

It is surprising that the Constitution-makers, who knew that it is the political parties who will run the affairs of our democracy, did not consider it necessary to make them public bodies under the Constitution. This is evident from the concluding remarks of Babasaheb Ambedkar to the Constituent Assembly: “The Constitution can provide only the organs of State such as the Legislature, the Executive and the Judiciary. The factors on which the working of those organs of the State depends are the people and the political parties they will set up as their instruments to carry out their wishes and their politics.”

Nor has any ruling dispensation since the establishment of our republic thought of bringing our political parties under some kind of regulation, even when it was evident to everyone that they were indulging in all kinds of malpractice that were harmful to the country. They have introduced numerous regulations for petty, small and large establishments as well as for trusts, cooperatives and associations/federations, which are not organs of the State. Why has the State not thought of regulating the registered political parties, which, although not organs of the State, nonetheless actually run the affairs of the State? The only reason is that lawmakers do not want to be answerable to anyone as they consider themselves to be above the law. There is no other reason for it.

Let us see what kind of political parties have emerged under such a free-for-all, unregulated environment.

The main objective of all political parties is to gain political power to run the affairs of the State, but they are expected to do so in a democratic and secular manner as laid down in our Constitution. Unfortunately, the very names of some political parties betray their religious identity and yet they claim to be secular.

Consider the many benefits these political parties have cornered for themselves, as pointed out by the Central Information Commission in its judgement of June 2013, declaring them to be public institutions and therefore to be under the purview of the Right to Information Act. The parties challenged it in the Supreme Court, and the matter rests there. It is also surprising that political parties once registered by the Election Commission, cannot be de-registered.

It is public knowledge that most political parties are one man/one family shows; they are non-secular and undemocratic in their internal functioning, and they indulge in corrupt practice during elections. Money power and criminals are extensively deployed to win elections, which is evident in the current Lok Sabha, which has 475 crorepatis and 233 MPs with criminal charges against them -- of which 159 of them face serious charges like rape, murder, kidnapping and other crimes against women, etc. The situation in the state legislatures is no better. They even change their political affiliations and alliances after the elections without caring for the mandate given by the voters. It is a matter of great concern that the number of senior politicians facing corruption charges has been increasing by the day. And when they are caught, they cry “political vendetta”. It will not be incorrect to say that politicians and political parties are the fountainheads of corruption and other problems facing the country.

If the apex court looks into all the aspects concerning political parties, there will be a serious debate and a number of important recommendations will emerge for the court’s consideration. It can then decide on the reforms needed through its judgement.

While I am aware of my own limitations in coming up with acceptable recommendations in this regard, as a citizen I would like to share my views.

First, political parties must be incorporated into the Constitution, as is the case in most European democracies.

Second, the Constitution should provide for the institution of a ‘Registrar General of Political Parties’, like it does for the Election Commission of India, to regulate all aspects of political parties. The Registrar General should be appointed by the President of India on the recommendation of the same body which recommends the appointment of the judges of the higher judiciary. The Registrar General should have constitutional status similar to that of the judges of the Supreme Court to ensure her independence from the Executive and other influences. The Registrar General should have similar powers to recruit staff and fix their salaries as the Supreme Court does.

The Election Commission should only have the responsibility to conduct elections in a free and fair manner. It should also have the right to lay down legally enforceable do’s and don’ts for the political parties. All other aspects governing the political parties should be regulated by the Registrar General. A Supreme Court judgement on these matters will be reflecting the views of the people of India and will force parliament to amend the Constitution to give effect to it.

Lastly, not only should the apex court take up the matter of reforming and regulating political parties suo moto, it should also decide the matter on a priority basis. Otherwise, we will see further deterioration in the functioning of our political parties, which would not only hold us back from developing into a prosperous nation but may even lead us to a serious economic, political and law-and-order situation.

(The writer is a former IAS officer)