Time to bar independents from contesting elections, says Law Commission

In a move that may spark a political debate, the Law Commission of India on Thursday recommended that the independent candidates be barred from contesting the election arguing that "they are either not serious or contest election just to confuse the voters."

Submitting its 255-page report on electoral reforms, the apex law panel 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.

"Against BJP leader V K Malhotra, quite a few persons with the same name... had stood in a bid to confuse voters and mislead the masses," he also said.

It said in the European countries independent candidates are allowed to contest in those countries that do not have the party-list system of proportional representation. Germany, United Kingdom, France, Denmark, Hungary, Ireland...However they follow different voting models for elections.

Reacting to the panel's suggestion, activist lawyers termed the report as "unfair". Senior advocate Kamini Jaiswal 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.

Concurring with her, activist lawyer Colin Gonzalvis 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 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."

In addition, the law panel suggested amendments in election law and IT Act making it mandatory for political parties to disclose contributions less than Rs 20,000 if such donations exceed Rs 20 crore or 20 per cent of party's total contribution and also compulsory for corporates to seek shareholder's approval at their annual general meetings before donating funds to political parties.

Proposing for amendment in 10th schedule of Constitution to empower President and Governor instead of Speaker to disqualify an MP or MLA in case of defection.

Other recommendations

Restrict a candidate from contesting from more than one constituency

Making the appointment of the CEC and the two ECs through a collegium

Drop the idea of compulsory voting

Regulate and restrict govt-sponsored advertisements six months prior to the date of expiry of the House