Invisible Money in Elections

• The reforms suggested by Election and Law Commission, and Government’s non-compliance on them
• This non-compliance is increasing Invisible money in Elections

• The Election Commission (EC) works in accordance with
  • Article 324 of the Constitution of India,
  • the Representation of the People Act (RP Act), 1951
  • the rules framed by the government thereunder, and various judgments of the Supreme Court and High Courts
• The power to frame rules under the RP Act has not been given to the EC by successive governments

• Most of the reform proposals by the EC have not been acted upon
• It sent 22 proposals in 2004
• In December 2016, it sent 47 proposals including those for “Election expenses and election petitions”, “Election campaign and advertisements”, and “Reforms relating to political parties”
• There are also instances where the Supreme Court has directed reforms in its decisions, with the government and Parliament attempting to amend laws to prevent implementation of the judgments

• A logical and simple way of introducing financial transparency and accountability in the working of the political parties is recommended by the Law Commission
• Suggestion: is to bring political parties under the Right to Information (RTI) Act, 2005
• The Central Information Commission (CIC) had also said in a full bench decision in June 2013 that six national political parties were indeed ‘public authorities’ under the RTI Act
• Why: Because they fulfilled all conditions specified in Section 2(h) of the RTI Act which defines ‘public authority’

Reaction from Political Parties: Despite this decision, political parties, including the ruling party now, refused to accept RTI applications