Law Commission Recommendations on Electoral Reforms

Law Commission


Recommendations on Electoral Reforms

on Financing Elections

on Anti-defection Law

1. Commission recommends that power to disqualify a member under this law should rest with President (or Governor) instead of speaker/chairman. President (or Governor) should act on the advice of ECI.

on Election Commission

1. The removal procedure of the two ECs should be same as that of CEC (Art 324)
2. the appointment of ECs+CEC should be by a collegium or selection committee consisting of PM,LoP(or leader of largest opposition party) and CJI. Elevation of an EC to CEC on basis of seniority, unless there are compelling reasons, which needed to recorded in writing. 
3. ECI should be provided with a permanent and independent secretariat as in the case of LS and RS to improve the independence of ECI (Art 324)

on Paid News, Political Advertisements etc.

RPA needs to amended

1. should be defined in RPA
2. punishments (as electoral offence) should be prescribed so as to lead to disqualification of offender as candidates
3. disclosure of political advertisement should be mandatory

on Compulsory Voting

Commission does not recommend this because of following reasons

1. being undemocratic
2. illegitimate
3. expensive
4. difficult to implement
5. unable to improve quality political participation and awareness