(Image source from: })
India is the largest democratic nation will ample of political rights. Anybody can contest in the elections if he or she satisfies the stipulated eligibilities. A person can contest either on a registered party ticket or on his own as independent candidate. But, the latest recommendations by the Law Commission of India are advising the facility of contesting as independents to be banned. The move may ignite political debate over the seriousness of the aspirants and need of contesting rights. The so called political freedom will be vanished if the system of not inclining to any party is vanished.
The Law Commission of India on Thursday recommended several modifications in Representation of the People Act. The apex law panel in its 225 page report said, "Independent candidates be debarred from contesting elections because the current regime allows proliferation of independents, who are mostly dummy/non-serious candidates or those who stand (with the same name) only to increase the voters' confusion. Thus, sections 4 and 5 of the Representation of the People Act (RPA) should be amended to provide for only political parties registered with the ECI under section 11(4) to contest Lok Sabha or Vidhan Sabha elections."
Law Commission of India chairman Justice A P Shah said, "Even the Election Commission of India had earlier suggested the government to amend section 34 of the Representation of the People Act to increase the security amount to Rs 20,000."
"The commission agrees with its previous views expressed in 170th report to debar the independent candidates from contesting Lok Sabha and Assembly elections," Justice Shah said citing the 2014 Lok Sabha election in which 3,182 candidates had contested out of which, only three candidates won.
Senior advocate Kamini Jaiswal criticized it as an unfair move and said, "Every independent candidate may not agree with the ideology of any of the political parties. Although the candidate does not have any constitutional right but it is his statutory right to contest election."
"Stringent provisions or guidelines can be made to discourage such non-serious candidates but they can't be debarred," she also said.
Activist lawyer Colin Gonzalvis also rejected the commission’s suggestions and said " Although right to vote is fundamental right but to contest election is not a fundamental right. No one can be barred on such grounds."
However, constitutional expert Subhash C Kashyap differed and said "The law panel recommendation is not unconstitutional. Legally it can be done and the election law needs to be amended."
Rajya Sabha MP and senior lawyer KTS Tulsi said, "In the larger public interest, certain rights can be sacrificed."
Other recommendations include, restricting a candidate from contesting from more than one constituency, making the appointment of the CEC and the two ECs through a collegiums, and dropping the idea of compulsory voting. It also recommended a move to regulate and restrict govt-sponsored advertisements six months prior to the date of expiry of the House.
Many Political experts are saying this will erode the concept of contesting elections with the intention of serving on his/her. Affiliating to political parties may not be the right way to contest in the elections. If that is implemented to discourage the non serous candidates, many political parties will emerge just to give party tickets with exchange of some materials. Instead the deposit amount can be increased to minimize the non serious and proxy candidates. However, small amount of money is not a matter for many who try to field candidates with same name, nearest symbol, same caste, and other factors to weaken their rivals.
-Kannamsai
