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Introducing ElectReforms to Reduce

Influence of Money

Muscle Power In Po

Nishank Varshney nishank.varshney@gmail.com +91-97850

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Candidates with criminal charges enjoy a higher Success Rate (23%), which is almost double the success ra

clean record (12%).

Percentage of Criminalsamong MPs/MLAs varies from 21%to a staggering 75%among the top 20 NaPolitical Parties.

14% of MPs/MLAs, across all the major parties, have Serious Criminal Charges on them like Murd

Dacoity, Corruption etc.

In 15 states, more than 1/4thof our legislators have criminal charges on them. In Bihar, Jharkhan

Kerala nearly half the legislators have criminal charges on them, which means they enjoy majority

Average assets of winners, in all the states, are higher by more than 300% when compared to aver

candidates.

Average assets of winners with criminal records are higherthan average assets of winners with clean

62 Lakh Rupees.

Success Rate of Clean Independent Candidates is merely 1%, which proves that it is almost impossible for

candidate to win.

Some Striking Observations from an Analysis* of 62,847 cancontested Parliamentary or Assembly elections between

* Detailed Analysis is

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Its the MPs/MLAs who make the Laws

and policies. Our country is in danger, if

one-third of them are involved in criminal

offences.

Increasing entry of criminals and money-

minded people into politics, poses a greatthreat to the hopes of conducting free

and fairelections which offends the basic

foundation of a healthy democracy.

How is

Criminalization of

Politics a Threat ?

Threat

Electoral Malpractices are the root causeof Corruption which adversely affects

implementation of Social Welfare Policies

like Distribution of PDS Grains, NREGA,

NHRM etc.

Due to the flawed electoral process, it is

becoming increasingly difficult for public

spirited citizens to enter the field of

Politics, without breaking the laws.

Why is it a

Matter of

Concern ?

Concern

Candidates spend m

prescribed limit, to b

money, liquor or clot

While this illegitima

result in candidates

it almost certainly resIn order to sustain th

future elections, the

massive corruption

multiple times their e

Reasons behind

Increasing Role

of Money &

Muscle Power

Ca

We cannot trust thosframe the laws in Par

Since all the leadin

Parties have been

candidates with crim

years, across the len

country, there is an

Electoral Reforms to

our Parliament.

Need to Bring

Electoral Reforms

N

Nexus ofCrime &

Money inPolitics

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SUGGESTIONS FOR

DECRIMINALISATION OF POLITICS

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SUGGESTION

Candidates who have been framed* in more than 1 charges by a court of law, in Serious criminal cases, like

Murder, Rape, Corruption, extortion, dacoity etc. (Those charges, for which, if convicted, a candidate could

than 2 years, or the case requires the issue of a non bailable warrant, or any election related criminal charg

of nomination, should not be allowedto contest election, till the time they are acquitted by the court.

In all the analysis mentioned in previous slides, we have only considered those candidates against whom charge

the court, and not the cases lodged against them.

LOOPHOLE

As per the current rules, only those candidates who have been convictedin a criminal case are not allowed to con

the conviction rate in India is only 40% and a lot of candidates take unfair advantage of the long judicial process. Th

have murder/ other serious cases pending against them for as long as 29 years. (Detailed List in Annexure 2)

Hence, it has now become important to prevent not only those candidates who have been convicted, but also th

criminal cases are pending from long time, from entering our Legislative houses.

ADVANTAGE

*Framingof charges by the court is differentfrom registering a caseby Police. Charges are framed against the accu

has verified the case and when the court is convinced after hearing both the sides that substantial proofs exist agai

Taking Framed charges into consideration instead of any case registered against the accused, and debarring those c

multiple cases against them will prevent the misuse of false registration of cases (which is the concern of many Poli

highly unlikely that same candidate will be falsely implicated in two different serious criminal cases.

1.

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2.

Any Political Party that gives tickets to such candidates should be heavily penalized, and in case of repea

they should be derecognized.5.

Any candidate who has a criminal charge* framed against him for more than 3 years, should not be allow

3 years is a sufficient time for any candidate to get his cases disposed off.3.

*Criminal Charge should include only those charges listed in Section 8 (1), (2) and (3) of the RepresentaThis will avoid disqualification of candidates over petty issues which may arise out of politica

No MP/MLA should be allowed to take the post of a Minister if he has any Criminal Charge* pending ag

office if the pending case is a review in higher court, for which he has been acquitted by lower court.)

4.

Rajya Sabha/Vidhan Parishad serve as dignified chambers. However, 18% of Rajya Sabha MPs have crimin

including 6% with Serious Criminal Charges. Therefore, Any candidate who has a Criminal Charge* pendin

be allowed to file nomination for Rajya Sabha or Vidhan Parishad.

6.

Provision of Fast Track Courts

To dispose the cases on candidates which have been pending for more than 2 years, and any cases agains

They should give their judgment within a specific time period (preferably within 12-18 months) and also p

witness protection. The trial and investigation should be insulated from any kind of Political Interference.

SUGGESTIONS Continued

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Suggestions to Reduce Impact of

Money during Elections

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1.

In case of abnormal growth of assets, the Income Tax Office should verify the correctness of sources men3.

Re-contesting candidates must declare the increase (or decrease) in their assets from last time of contest

the sources forthis increase (or decrease).2.

While filing nominations, the candidates must file their Income Tax returns along with declaring their asse

4.Along with their own assets, the candidates should also be required to declare the assets of their immedia

Parents, Sibling, Spouse and Children.)

5.This information should be made publically availableby the Election Commission to all the voters. Candid

prominently displayed at each polling booth so that voters can make an informed choice before casting t

In less than 5 years, the average assets of 4181 candidates who re-contested in elections had grown from Rs.1.7

Crores. About 684 candidates showed an increase of over 500%, 420 of over 800% and 317 of over 1000%. Whi

abnormal increase.

Any candidate submitting false information in the affidavit must be immediately disqualified.7.

6.The Election Commission or an appropriate committee appointed by it must verify the declarations made

respect to assets and criminal records with the help of Police, Judiciary or other relevant bodies, within t

nomination papers.

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8.

Any candidate, whose expenses as stated in the election expense report submitted by him, are found to be

immediately disqualified.10.

The report of the Observer/ Returning Officer, with regards to verification of expenses by the candidate fo

made public.9.

The time limit to submit the election expense report should be reduced from 30 days to 7 days. Because, t

have to get their accounts cross-verified everyday. Giving a long time window reduces the chances of the O

Officer to find appropriate proofs against any false information.

12.Apart from putting a limit on expenditure by the candidate, there should also be a maximum limit on exp

as well, during election period. This limit can be decide on the basis of number of constituencies.

Recently, Mr. Gopinath Munde confessed that he spent nearly 8 Crore Rupees on his election campaign, while t

only 40 Lakh Rupees. Moreover, he had declared his assets to be worth nearly 6 Crore Rupees in his affidavit. T

that he took external loans to spend this amount, and would definitely use unfair means to recover this cost up

after this, NO Action has been taken against him.

The NDA government spent Rs.150 crore in India Shining while the UPA 1 spent nearly 100 Crore in 2009

spend more than double the amount before 2014 elections on Bharat Nirmaan campaign. Such lavish e

outgoing government, from the State Exchequer, must be curtailed.

13.

11.Declaration of PAN Details must be made compulsory for all the contesting candidates. Currently there a

declared assets worth Crores of Rupees, but have not furnished their PAN Details.

It must be made mandatory for all the Political Parties to publish a list of all their income and expenditure

Parties should declare all their Donors, failing which, they be de-recognized and de-registered immediate14.

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Suggestions to Increase Representation

of Women in Parliament/Assembly

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State - Wise

Representation

of Women

Party - Wise

Representation

of Women

Women constitute only 7% of all

the candidates. Consequently, they

form only 8% of our legislators.

Women candidates enjoy a higher

success rate (16%) as compared to

male candidates(14%),andPercentage of Criminals among

Female Legislators (16%) is much

less than the percentage of

Criminals among Male Legislators

(31%).

It is evident that the women are

clearly not being discriminated by

the voters, rather the problem is

that the Political Parties are not

putting up a sufficient number ofWomen Candidates.

Hence, it is only logical to conclude

that with the increase in number of

women candidates fielded,

subsequently, the proportion of

women in Parliament/Assembly

will also increase. This will also help

in decreasing the number of

criminals in Parliament.

Every

more t

particu

least 2

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Annexure 1- Nexus between elections, crime an

Ten years of Election Watch

State Wise Analysis Political Party Wise

These tables have been prepared by Analysis of Data obtained from Association for Democratic Ref

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References

1. Ten Years of Election Watch - http://adrindia.org/content/nexus-between-elections-crime-and-money-ten-y

2. http://adrindia.org/sites/default/files/List%20of%20current%20MLAs-MPs%20with%20Pending%20Cases.p

3. Conviction Rate - http://ncrb.gov.in/CD-CII2011/cii-2011/Table%204.12.pdf

4. http://news.oneindia.in/2013/06/29/gopinath-mundes-daredevil-act-lands-him-in-soup-1248260.html

5. http://indiatoday.intoday.in/story/assembly-elections-2014-congress-campaign-poll-advertising/1/270915.h

6. Images obtained from Google Search.

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