Political Ethics

1.) Reform of Political Funding :

Thus as stated by Second ARC, In order to eradicate the major source of political corruption, there is a compelling case for state funding of elections. As recommended by the Indrajit Gupta Committee on State Funding of Elections, the funding should be partial state funding mainly in kind for certain essential items. 

2.) Tightening of anti-defection law : 

The Second ARC also recommended that the issue of disqualification of members on grounds of defection should be decided by the President/Governor on the advice of the Election Commission. 

3.) Disqualification : 

Thus the Second ARC recommended that Section 8 of the Representation of the People Act, 1951 needs to be amended to disqualify all persons facing charges related to grave and heinous offences and corruption, with the modification suggested by the Election Commission. 

4.) Coalition and Ethics : 

The Second ARC recommended that the Constitution should be amended to ensure that if one or more parties in a coalition with a common programme mandated by the electorate either explicitly before the elections or implicitly while forming the government, realign midstream with one or more parties outside the coalition, then Members of that party or parties shall have to seek a fresh mandate from the electorate. 

5.) Appointment of the Chief Election Commissioner/Commissioners : 

The Second ARC recommended that a collegium headed by the Prime Minister with the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister and the Deputy Chairman of the Rajya Sabha as members should make recommendations for the consideration of the President for appointment of the Chief Election Commissioner and the Election Commissioners. 

6.) Expediting Disposal of Election Petitions : 

Election petitions in India are at present to be filed in the High Court. Under the Representation of the People Act, such petitions should be disposed of within a period of 6 months. The Second ARC recommended that Special Election Tribunals should be constituted at the regional level under Article 323B of the Constitution to ensure speedy disposal of election petitions and disputes within a stipulated period of six months. 

7.) Grounds of Disqualification for Membership :

The Second ARC recommended that Appropriate legislation may be enacted under Article 102(e) of the Constitution spelling out the conditions for disqualification of membership of Parliament in an exhaustive manner. Similarly, the States may also legislate under Article 198 (e).

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