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English Exercise 7 & 8 (English)
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Sir, the Election Commission had estimated that if the voting age is reduced an additional number of 47 million will become entitled to vote. They will have to be enumerated on the basis of door to door survey. The been Election Commission will take necessary steps in this regard once both Houses of Parliament approve the Bill. With your permission, I shall now deal with the provisions of the Representation of the People Bill. Over the years, there has an increasing tendencies to vitiate the electoral process. Malpractices and lawlessness have been on the increase. We had, therefore, to think in terms of effective f measures to check such evil tendencies. The Election Commission is a Constitutional authority and is vested with plenary powers in the matter of superintendence, direction and control on all matters prior to and the actual conduct of elections to Parliament and Legislative Assemblies of the States. It is to be strengthened to take all necessary measures for ensuring free and fair elections. As the Members are aware, the Election Commission is dependent on the machinery of the State Governments concerned both in respect of the work of preparation, revision and correction of electoral rolls and the work in respect of the actual conduct of elections. Such staff functions under the superintendence, direction and control of the Election Commission in so far as the work relating to elections is concerned. They do this work in addition to their normal functions under the State Governments. Thus, the State Government employees are subject to dual control, one by the State Government concerned in respect of the regular work and another by the Election Commission in respect of the election work. It is, therefore, felt necessary that the disciplinary control over the State Government staff in respect of work relating to elections should be vested in the Election Commission. An amendment, therefore, has been proposed that such staff would be deemed to be on deputation to the Election Commission so that they are brought under its disciplinary authority. The exercise of jurisdiction by the State Governments over their staff in relation to their normal work even during the period of elections would continue to rest with the State Governments. India is a Parliamentary democracy based on party system. A large number of political parties are also functioning. The democratic election process is to be sustained by the political parties. At present, there is no statutory definition of a political party. It is proposed to rectify this defect by incorporating a statutory definition in the Representation of the People Act, 1951. Section 8 of the Act already deals with disqualification on the ground of conviction for certain offences. In order to control the nexus between persons with criminal record and election activity and to include more offences in this section, suitable provisions have been incorporated in the Bill. In this connection, I may mention that we have included conviction for certain economic and social offences also in the purview of disqualification. Offences under the recently enacted Religious Institutions Act, 1988 have also been included as disqualification. Modernised tools based on latest technology are increasingly being resorted to as aids to decision making. The proposal for the introduction of electronic voting machine side by side with the existing ballot paper system should be viewed in this light. There are other advantages claimed for the electronic voting machine. It is cost reducing, easy to operate and can act as an indirect check on rigging, ballot paper rejections etc. Since the Representation of People Act makes a specific mention of the ballot paper system of voting, the Supreme Court has held, in an election case some time ago, that without a formal provision in the statute, it would not be legally permissible for the electronic voting machines to be used. The Election Commission would, however, exercise this discretion after considering the availability of machines, the standards of voters, prevalence of anti-social activities, etc. I am sure that all the Members of the House will agree with me that the evil of booth capturing has to be put down with a firm hand. If it is allowed to remain unchecked, serious distortions may result apart from extreme lawlessness. It has, therefore, been proposed to make booth capturing an offence and also a corrupt practice. It has also been proposed that the Election Commission shall in cases of large scale booth capturing, countermand the election in the whole constituency in addition to ordering of repoll in particular booths. On several occasions, election meetings are disturbed by vested interests and goondas. The present fine provided for in the statute is meagre, namely a mere fine of Rs. 250. It is now proposed to amend this provision to provide for a sentence of imprisonment and enhanced fine of Rs. 1000. There was a proposal that delimitation of the constituencies could be undertaken afresh and the reserved seats be rotated without bringing about any change in the total number of seats.
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