RS clears poll reforms, Judiciary, EC face fire

Parliament today approved Representation of the People (Amendment) Bill, 2002, seeking to curb criminalisation and corruption in politics, w...

Parliament today approved Representation of the People (Amendment) Bill, 2002, seeking to curb criminalisation and corruption in politics, with the Rajya Sabha clearing it. The legislation requires candidates for parliamentary or assembly polls to disclose their criminal antecedents and declare assets and liabilities after being elected.

While the Opposition said the Bill was far below expectations and was unlikely to curb criminalisation of politics, former law minister Arun Jaitley insisted it was necessary to ‘‘retain the supremacy of the Legislature over the Judiciary’’.

During the discussion over the Bill, the Government also accused states of not agreeing to share the financial burden for State funding of elections — a proposal being mooted as a practical way to end the influence of ‘‘cash and criminals’’ on the electoral process.

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Minister of State for Justice Ravi Shankar Prasad disclosed this in the Rajya Sabha, adding the government would bring ‘‘far-reaching electoral reforms’’. He said the legislation was needed as courts as well as the Election Commission (EC) had started ‘‘encroaching upon the legislative powers of Parliament and were indulging in judicial legislation’’.

Prasad referred to a judgement of the Delhi High Court that enjoined upon the EC to ask candidates to fill an affidavit disclosing their criminal history and assets. He said the EC had also tried to impinge upon the authority of Parliament when it empowered its returning officers to reject nominations in case affidavits were not filed accurately.

In an implied reference to recent Pakistan elections, Jaitley said: ‘‘There such sweeping powers in the hands of officials had been conveniently used to subvert democracy and in India too, we have to be cautious about these matters.’’

Constitutional expert Fali S. Nariman, who’s among the nominated members of the Rajya Sabha, however, said the Supreme Court was left with no option but to get involved as the politician had failed the people in checking criminalisation of politics. ‘‘Let’s not try to mislead people with facile speeches,’’ he remarked.

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Former law minister H.R. Bharadwaj of the Congress however agreed with Jaitley, asserting that in this era of judicial activism, Parliament should have a final say on issues of legislation. ‘‘We continue to neglect probity in public life and it will not help Parliament,’’ he said.

Bharadwaj, however, contested the Government’s claim that the Bill was an outcome of a consensus arrived at an all-party meeting called to discuss the matter. He said the Congress had agreed to support the Bill in view of the growing public perception against politicians in this regard.

The RS MP also claimed the Congress had urged the Government to accept the original EC proposal that made it mandatory for a candidate to file details of his educational qualifications, criminal background, conviction and assets and liabilities before the elections as part of the Bill.