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1. Explain the concept of ‘collective Responsibility’? Evaluate the functioning of


collective Responsibility in Indian context?
• The most important feature of parliamentary executive is that the executive is
rationally under the control and supervision of the legislature. In other words, the
fundamental principle underlying the working of Parliamentary form of
government is the principle of ‘collective Responsibility’ of the Council of
Ministers. This means that all the ministers of the government own joint
responsibility to the directly elected House of the Parliament for all their acts of
omission & commission. The government/ministry can be in power only if it
commands a majority in the directly elected House.
• ‘Collective Responsibility’ is based on the principle of solidarity of the Council of
Ministers, which means that they work as a team and swim/sink together. It also
means that the cabinet decisions bind all ministers, even if they differed with the
decision or policy. It is the duty of every minister to stand by the cabinet decisions
and support them both within and outside the parliament or resign.
• In the Indian context, the constitution of India, under Article 75(3), provides that
the ‘Council of Ministers shall be collectively responsible to the House of People’.
This provision is the cornerstone of the one of the most important functions of the
Union Legislature namely ‘Legislature oversight of executive functioning’. This
provision means that a Ministry that loses confidence of the Lok Sabha, when the
Lok Sabha passes a ‘No-Confidence Motion’ against the council of Ministers, all
the ministers have to resign, including those ministers who are members of Rajya
Sabha.
• In the Indian context, since Independence, several Prime Ministers had difficulty
in enforcing collective responsibility. For instance, during the regime of Nehru,
when the MPs criticized the government for not tackling the problem of food
shortages & high prices, Mr. Ajit Prasad Jain, the then minister for Food and
Agriculture, said that the members should direct their questions against other
Ministries such as Ministry of Irrigation & Power, Ministry of Health etc. for not
providing different resources.
• Similarly, Morarji Desai, during his tenure from 1977-79, had a tough time
ensuring effectively the principle of collective responsibility. Charan Singh, the

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then Home Minister, publicly criticized Prime Minister Prime Minister Morarji
Desai that ‘The PM usually speaks in terms of ‘I’, not ‘We’, ‘cabinet’ or
‘Government’.
Evaluation of functioning of ‘Collective Responsibility’ in terms of ‘No-
Confidence Motions’
i. There was not a single no-confidence motion moved against the government
during the first two Lok Sabha (1952-1962).
ii. The first no-confidence motion was moved during the third Lok Sabha in 1963 by
Acharya J.B. Kripalani against the government headed by Pandit Nehru. The
debate on motion lasted for 21 hours and 4 days, with 40 MPs participating.
At that time, Pandit Nehru had remarked that ‘It would be a good thing if we were
to have periodical tests of this kind.’
iii. In 1964, the Second No-confidence motion was moved by N.C. Chatterjee, an
independent MP, against PM Lal Bahadur Shastri government.
iv. From 1964-75, Lok Sabha debated 15 no-confidence motions. Three were against
Lal Bahadur Shastri led-government and 12 against Indira Gandhi. Between
1981 and 1982, Indira led-government faced three more motions. However, none
of these were successful in dislodging a government.
v. The first No-confidence motion that led to the falling of a government was moved
by Y.B. Chavan in 1979 against the government of PM Morarji Desai
government.
vi. Since, then, every PM has been able to defeat no-confidence motions. Rajiv
Gandhi faced one in 1987, which was defeated by a simple vote because of his
overwhelming majority in Lok Sabha. However, PV Narsimha Rao had to face
two close motions during his term in the 10th Lok Sabha. The first motion, moved
by Jaswant Singh, was defeated with a margin of 46 votes. The second motion,
moved by Atal Bihari Vajpayee, was defeated without any trouble. However, the
third motion was defeated by a margin of 14 votes was marred by controversy.
JMM MPs were taken to court for having accepted bribes to cast their vote to
defeat the motion.
In 2003, the Vajpayee government defeated a no-confidence motion moved by
Sonia Gandhi.

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vii. In 2018, the 27th no-confidence motion in India’s Parliamentary history, was
moved against Narendra Modi led NDA government, which was defeated because
of overwhelming majority of this government in the Lok Sabha.

2. Suggest how the dynamics of coalition politics has impacted the functioning of the
Prime Minister (PM) in the Indian context.
• ‘Coalition politics’ is a feature of the parliamentary form of government, which
devotes an alliance or temporary alliance of political forces in order to achieve
and share political power. Thus, ‘coalitions’ are ‘power-sharing arrangements’
and are direct descendants of the exigencies of a multi-party system in a
democratic regime. Coalition governments are contrasted with single-party
governments in which only one-party forms government.
• In a coalition, several political parties, irrespective of their ideological
differences, cooperate in government formation. Therefore, the coalitions are
driven by the imperative to aggregate votes to win elections, and not by
ideological or programmatic cleavages. Thus, it is based on the ‘will’ to neglect
the inter-party differences in order to share power. This ‘will’ take the most
important position for the survival of a coalition.
• However, in the Indian context, the coalition politics, based on ideological
incohesiveness and compromise to form government has enabled a greater variety
of regional & ethnic parties to gain a share of power. As these parties play a key
role in the formation & survival of coalition governments, they have been able to
promote their ethnic and regional interests as a way of compromise. In such a
situation, the bargaining power of even the smallest faction becomes
extraordinary. Such a situation is characterized by flow of political power from
centre (union) to the states.
Therefore, during the phase of ‘cooperative-competitive federalism’, starting
since 1990s, Prof. M.P. Singh (coalition structuralist) has defined the change in
the profile of the Prime Minister (PM) from ‘First among Equals’ to ‘manager of
CMs and CoMs’. In other words, such a situation has led to a decline or weakened
the institution of PM, which not only affected the national politics (such as – in

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the form of policy paralysis), but also may affect the politics of the country at the
international level.
For e.g.- during Manmohan Singh led UPA II government (2009-2014),
Manmohan Singh failed to cope up with the pressure from AIADMK with respect
to his decision to visit SriLanka.
• However, although theoretically the position of Prime Minister becomes weak in
a coalition government, but practically it may not be a necessary phenomenon.
The nature of the institution is also shaped by other factors, such as the
Personality and the political style of the PM.
For e.g.: - Atal Bihari Vajpayee led-NDA Government (1999-2004), was a
coalition government of many government, yet Vajpayee became the first PM
under whom a coalition government completed the full term.
• Therefore, above analysis shows that the nature of the institution of PM, even in
coalition government, will be shaped by multiple factors and thus, it cannot be
concluded that coalition politics has necessarily weakened the institution of Prime
Minister in the Indian context.

3. What do you understand by the ‘decline of Parliament’? Give reasons for


decline and suggestions to arrest the decline.
• A/q to the theory of government, Parliament is the most important branch of the
government in a democratic setup. It is the supreme representative authority,
which embody the diverse will of the people in the country and has the unique
responsibility of reconciling the conflicting interests through the democratic
means of dialogue, debate and compromise. Being the highest legislative body,
Parliamentary is tasked with responsibility of adopting to the rapidly changing
social needs and aspiration.
• A/Q to Devesh Kapur and Pratap Bhanu Mehta, over the past quarter century,
India has witnessed multiple transformations that have fundamentally reshaped
its economy, foreign policy, politics and society. However, despite these strides,
India’s public institutions have not undergone a commensurate transformation.
A/q to them, improving the capacity of India’s public institutions is the single
biggest challenge that India faces in the 21 st century. In this context, the Indian

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Parliament has been subjected to an assessment of its performance as a public


institution.
• However, there has been a growing trend of decline in the institution of
Parliament or legislature around the world. In many countries, Parliaments, the
central institution of democracy, is facing a crisis of legitimacy. The major
indications of decline are as follows-
I. Executive Activism
II. Non-productive session
III. Destructive opposition
IV. Decision making that lacks democratic control such as rise in ordinance-making,
Globalization-led conventions etc.
V. Judicial activism
VI. Civil society activism
VII. Unrepresentative Parliament that fail to represent the interest of all diversity.
• In the Indian context, there has been a debate among scholars on the functioning
& relevance of the Parliament. A/q to Prof. MP Singh, although there is a
legitimate reason for pride with respect to the functioning of the Parliamentary
democracy in India, there are many dysfunctional aspects associated with the
functioning of Indian Parliament. A/q to him, the major dysfunctional aspects of
the Parliament are presence of criminals, destructive opposition, lack of
Parliamentary ethics & inflated ego of Parliamentarians. He argues that the
decline of Parliament started with the breakdown of congress hegemony.
• A/q to Subhash Kashyap, there is a complete disconnect between people & the
Parliament. Pratap Bhanu Mehta mentions that the criminalization of politics has
made the Indian Parliament a corrupt & self-serving institution. A/q to MR
Madhavan, in the book ‘Rethinking Public institutions in India’, the rise of
coalition politics & fragmentation of political power have resulted in a greater
number of disruptions & fewer sittings, which undermines the critical deliberative
role of the Parliament. He argues that the practice of ‘Question Hour’ is deeply
flawed as less than 15% of questions listed are actually answered orally in the
Parliament due to frequent disruptions.
• Unlike Nehruvian phase, when Parliament wasn’t only a moral institution but also
an emblem of India’s modernity, the contemporary phase indicates a painful

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transition from a remarkable defence to the growing insensitivity towards not only
the parliamentary culture but the institution as a whole.
Main reasons for institutional decline of Indian Parliament
I. Serious absence of genuine will among parliamentarians to inculcate
parliamentary values in their personality.
II. The democratic paradox of first-past-the post system lies in the opportunity for
every non-serious candidate with muscular and economic strength having strong
probabilities of winning the parliamentary seat.
III. While the multi-party framework has helped parliament emerge as platform to
debate and discuss the diverse interests, it has also been trivial in character and
deformed in intent.
IV. The digitization of parliamentary proceedings has provided the opportunity of
publicity among the electorates through disruptions, walkouts, protests etc.
V. There is a growing indifference among the people towards the working of the
Indian Parliament. This allows parliamentarians to take advantage of this
growing indifference as their rampant unparliamentary behaviour going
unchecked.
Suggestions to enhance the performance of Parliament
a. Training and capacity building of parliamentarians.
b. Electoral reforms to check criminal entry in the Parliament.
c. Structural changes-
• Marking out days when the opposition determines the topics to be discussed. The
model followed by the UK Parliament that reserves 20 days in a year for this
purpose.
• Empowering legislators to call for a session of Parliament which will ensure
accountability of the government.
• Reform in the Anti-Defection Law – to enable individual legislators (MPs) to voice
their independent view on any issue.

4. It is said that judiciary in India in facing the crisis of Credibility. Do you agree?
Give argument in support of your point of view.

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• A/q to Lord Bryce, there is no better test of the excellence of the government than
the performance of its judicial system. Judiciary, in a democratic setup like India,
acts as an institution that checks any attempt or tendency to convert democracy
into ‘tyranny of the majority’.
• In the Indian context, the constitution of India not only creates a very powerful
supreme court with vast jurisdiction, but also creates a ‘fiercely independent
judiciary’. A/q to Madhav Khosla and Ananth Padmanabhan, the Supreme Court
of India has a dual identity- cart of law that has appellate and constitutional
powers and a public institution that is required to engage with, respond to and
negotiate the political pressures, social expectations and aspirations that
surround it. A/q to Kalpana Kannabiran, India’s judiciary is witnessing the fall of
age of literal legalism and the advent of age of judicial activism, where court is
seen as a public institution that can solve social disagreement. A/q to Upendra
Baxi, there’s a great sense of satisfaction with the performance of the Supreme
Court of India, recognized its positive role towards protecting rights of the
Indians. A/q to him, Supreme Court has done the ‘chemotherapy’ of the
‘carcinogenic’ Indian politics.
• However, scholars like Pratap Bhanu Mehta, while evaluating the performance
of Indian Judiciary, are extremely critical of the status of the Indian Judiciary. In
his article, ‘Indian Judiciary and the promise of uncertainty’ he has mentioned
Indian judiciary as a ‘self-perpetuating, paradoxical and highly politicized
institution’. A/q to him judicial decisions in India are not based on any
overarching principles, rather they are artefacts of individual judges. He argues
that judiciary in India attempts at delicate political balancing rather than working
on high ideals.
• In addition, there are certain institutional and administrative challenges that are
threatening the legitimacy and credibility of the independent judicial system of
India these includes –
a. Tussle between government and judiciary on the issue of appointment of judges,
resulting in administrative losses such as increasing number of pending cases.
b. Lack of a systematic mechanism to deal with allegations of corruption in the
higher judiciary.

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• While acknowledging the fact that the judiciary’s intervention has done
remarkable good in many instances, Pratap Bhanu Mehta argue that the
representative institutions are the essence of the democracy and judiciary do not
stand in the same relation. He rejects the idea that the guardianship exercised by
courts over policy is synonymous with democracy.
• For Bhikhu Parekh, India has become a ‘special case of judicial sovereignty’ and,
in the words of Lavanya Rajamani, Indian judiciary plays the task it is less
equipped to perform.
• Thus, as Upendra Baxi argues, the judiciary in India will have exercise great
discretion and resist the intoxication which comes from the view that judges are
the ‘last, best hope of the republic’.

5. It is said that National Human Rights Commission is a ‘toothless tiger’.


Substantiate with case studies and suggest the way forward.
• Human Rights commissions (HRCs) are domestic institutions established through
a provision in the constitution, legislation or executive order. They are quasi-
judicial bodies, which monitor the human rights performances of the state and act
as a check on the state’s policies & activities vis-à-vis human rights of the citizens.
Unlike other institutions, which are vested with the task of governing a country
(legislature & executive) and administration of justice (judiciary), the exclusive
mandate of HRCs is to protect and promote human rights. They play a vital role
in ensuring that government conduct their affairs in conformity to domestic &
international human rights norms & constitutional obligations.
• The National Human Rights Commission (NHRC) of India, a statutory body is the
watchdog of human rights in the country. It is the national human rights
institution, responsible for the protection and promotion of human rights,
especially rights relating to life, liberty, equality and dignity of the individual as
guaranteed by the constitution or embodied in the international covenants.
• Being the highest body constituted for the defence of the human rights of
vulnerable people in the country, its legitimacy and credibility rest on its ability
to address the problems related to human rights. In the society. However, in the

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Indian context NHRC has been often described as a paper tiger unable to protect
ordinary citizens from human rights relations, committed at times by the state
machinery. In one such case, the NHRC, being unable in bringing justice in
alleged extra judicial killings of 1528 persons in Manipur, referred to itself as a
‘toothless tiger’ before the Supreme Court.
Problems with the protection of Human Rights Act, 1993
a. NHRC’s recommendations do not percolate to the ground level as the NHRC
doesn’t have the backing of the Act to penalise authorities which do not implement
its orders.
b. The Act doesn’t extend to the state of J&K.
c. The Act doesn’t categorically empower the NHRC to act when human rights
violations through private parties takes place.
d. With respect to the composition of the NHRC, the Act doesn’t specify whether the
members should have proven record of human rights activism or expertise in the
area.
e. Under the Act, NHRC cannot investigate an event of the complaint was made more
than one year after its incident. Therefore, a large number of genuine human
rights grievances go unaddressed.
NHRC as a ‘toothless Tiger’
I. Powers and functions of the NHRC are mainly recommendatory in nature. It has
no power to punish the violator and can only recommend remedial measures.
II. NHRC investigates human rights violations, sometimes in remote areas, with very
limited resources. Large chunks of the budget is used in office expenses, leaving
disproportionally small amounts of resources for other crucial areas such as
research & rights awareness programmes.
Way forward
• Effectiveness of the commission can be enhanced by making it obligatory for the
government to immediately enforce the decisions of NHRC.
• Governments should seriously consider the recommendations made by NHRC as
its orders are passed by persons who has long training & experience as judges of
the Supreme Court and high courts.

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• As non-judicial members of the commissions are increasingly chosen from former


bureaucrats, credence is given to the contention that NHRC is more an extension
of the government, rather than independent agency exercising oversight.
• Diversification of scope and potential pool of members of NHRC by ensuring
greater representation of women in the governing body of NHRC.

6. Critically evaluate the contribution of the National Commission of the Scheduled


Tribes (NCST) towards addressing the concerns of tribal.
• Tribes in India are conceptualized primarily in relation to their geographical and
social isolation from the larger Indian society. A/q to Article 342 of the
constitution, President specify the tribes or tribal communities to be deemed to be
STs in relation to that state/UTs. However, Parliament has the power to include
or exclude any tribe from the list of STs.
• Several safeguards have been provided in the constitution of India for socio-
economic, educational, cultural & political protection & development of STs.
Article 46 of DPSPs is the comprehensive provision comprising both the
developmental and regulatory aspects as it aspires for the promotion of
educational and economic interests of STs and protection from social injustice
and all forms of exploitations.
• Article 338A of the constitution envisages an institutional safeguard for the
protection & promotion of rights of the scheduled Tribes. It provides for the
National commission for Scheduled Tribes with the objective of monitoring all the
safeguards provided for the STs under the constitution or other laws.
Role of the NCST
a. Investigation & monitoring of all matters related to constitutional & other legal
safeguards for STs.
b. Inquiry into complaints of deprivation of rights & safeguards.
c. Participation in planning process of socio-economic development.
d. Presenting Report to the President on working of safeguards.
e. Recommendation to Union or states for effective implementation of safeguards &
protection, welfare and socio-economic development.

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• The commission’s functioning is basically divided into 3 core areas-


I. Economic & social development
II. Service safeguards
III. Atrocities prevention
Although there has been improvement in socio-economic development of STs, they
continue to lag far behind other communities with respect to opportunities of
education, health & social services. There has been increasing number of cases
of alienation of tribal lands to the non-tribal due to loopholes in anti-alienation
laws. There has been slow progress on the resettlement & rehabilitation of tribal
displaced on account of land acquisition.
Recommendations
I. Full administration & financial powers should be given to NCST so that it is not
dependent on administrative Ministry.
II. Process of appointment to the commission should be made more action onus of
the Government.
III. A period for tabling & discussion on the Report in Parliament should be fixed
because Arrival Report is a crucial activity of the commission.
IV. Commission should engage in an internal evaluation of its activities & priorities
on an ongoing basis and to recognise them on a timely basis.
V. Strength of the NCST should be increased so that specific functions can be
assigned to members or groups.
VI. Constitution should be amended so that the recommendations of NCST is taken by
concerned authority as mandatory & its functions with more judicial powers on
the lines of powers of a civil court.

7. Critically evaluate the significance of the institutions of CAG in the parliamentary


democracy of India.
A/q to Mahatma Gandhi, the main characteristics of ‘good governance’ is that it
ensures such policies that help the poorest and the weakest man in the country. The
concept of accountability is perceived to be synonyms with the concept of good
governance. It is due to this fact that the Indian constitution has envisaged a

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prominent role for public audit in the country’s governance and accountability
framework. Public Audit plays an important role in the scheme of parliamentary
financial control over the Executive bodies. In the Indian context, the institution of
comptroller and Auditor General (CAG) has been envisaged as the supreme audit
institutions and as a facet of the entire principle of accountability.
The constitution of India, under Article 148, provides for an independent office of
CAG as the supreme audit institution of the country. The CAG is an official mandated
by the constitution to act as a watchdog on government finances & functioning. The
Indian constitution envisages an integrated CAG to ensure accountability of central
government (union) to parliament and state governments to state legislatures. In
concrete terms, CAG plays a vital role in ensuring accountability of executive to the
legislature as well as civil society. A/q to B.R. Ambedkar the CAG is the most
important functionary in the constitution, even more than that of judiciary.
Unlike the CAG of UK (an officer of parliament) or CG of USA (a part of Legislature
Branch), the Indian CAG is an independent constitutional functioning as the office
is for the union as well as the states, which is a unique feature of the Indian federal
system. The constitution grants CAG an autonomous status, which is vital for the
proper performance of the audit functions where public interest is involved. Although
appointed by President by a warrant under his hand & seal, the CAG can be removed
only in the similar manner like judges of the Supreme Court. In addition, the
importance of the office of CAG is evident from the fact that the constitution
prescribes for CAG on oath identical with that prescribed for the judges of the
supreme court, including the ideal to uphold the constitution.
In addition to the financial audit, both at the central and the state level, the institution
of CAG ensures performance audit (or value for money) which is an assessment of
the performance of an organization, programme or project in terms of its goals &
objectives i.e. economy, efficiency & effectiveness of public spending (3 E’s Audit).
The broad audit mandate provides CAG access to programme and project
implementation at national and sub-national levels. It scrutinizes the allocation, flow
and spending of the public funds and evaluates the performance of the implementing
authorities. Consequently, the CAG’s report on their prompt & effective utilization
provides valuable inputs which stimulate good governance in the country. In other

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words, the audit reports of the CAG is a valuable input to enforce accountability of
the public functionary in making judgements on their level of performance and
recommending improvements. In this way, Public Audit by the CAG is a means for
the promotion of good governance in the country.
Thus, the CAG is intrinsically linked to the good governance of the country as its
role as the highest auditing authority is vital for augmenting the efficacy of
government policies and performance.

8. What are the weaknesses in the present structure of the Election Commission?
Explain with reference to some recent controversies.
One of the notable features for which India is known to the world is its electoral
democracy. India’s democratic system witnesses regular elections with the
participation of the largest electorate in the world. Despite the presence of profound
diversity, significant geographical variations, predominantly rural electorate,
poverty, illiteracy & socio-economic inequality, there has been a successful
execution of participatory elections in the India, which has been referred to, by
Ramchandra Guha, as the ‘most recklessly ambitious experiment in history’.

The Election Commission of India (ECI) has emerged as the vital institution that
safeguards India’s electoral democracy, which is the cornerstone of Indian history.
ECI has proved to be a model of election management and has gained in stature by
holding free & fair elections a various level across the country. Hillary Clinton has
described it as the ‘Golden standards’.

However, in recent times, there has been some significant controversies associated
with the Election Commission such as confusion over poll dates, malfunctioning
EVMs allegations, and the disqualification of Delhi’s AAP MLAs which was
overturned by the Delhi High Court. All these issues have resulted in an impression
that the Election commission is becoming less and less independent of the executive
than in the earlier years due to follow\ing structural weaknesses –

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I. The practice of making it a berth for retiring government officials has been
responsible for the feeling that the incumbent so benefited will be beholden to the
Government for his office.
II. A/q to E. Sridharan and Milan Vaishnav, the ECI is vulnerable on these grounds

a. It is still possible for a government to appoint additional ECs and enlarge the size
of the ECI while adhering to the letter of the law.
b. The tenure of the two additional ECs is less secure than that of the CEC, a
constitutional lacuna, that should have been addressed.
c. While the current tradition is that one of the ECs will be promoted to CEC in order
of seniority, this is only convention. The lack of clear rules potentially renders the
ECs vulnerable to government pressures.
d. Any conflict among the three commissioners could possibly create an opening for
potential interference and manipulation.
E.g.: - in 2009, the conflict between CEC N.Gopalaswami and EC Navin Chawla
came at in public, when Gopalaswami asked the President to remove Chawla and
the latter refused.
III. The ECI itself has no full time staff in the field and it relies heavily on state and
local governments to provide personnel for preparing rolls and administering
elections. In other words, a relatively small ECI leadership must supervise a
sprawling bureaucracy of deputized officials, who may have incentives to engage
in corruption or shrink their responsibilities at the local levels.
Reforms suggested
1. To secure independence of the ECI
a. The Goswami committee on Electoral Reforms (1990) & 255 th report of Law
Commission (2015) – proposed setting up of 10 separate and independent
secretariats of the ECI.
b. More broad-based selection of EC through a committee
c. The administrative expenditure of the ECI (presently a voted expenditure) should
be charged on Consolidated Fund of India to secure its unconstrained functioning.
2. Regarding election management issues

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a. Providing an open ballot system in case of election to fill seats in state Legislative
Councils
b. Adjournment of polls on the ground of bribery events.
3. To curb money and muscle powers in the elections.
a. Providing ECI with supreme authority to sanction candidates who provide false
or misleading information.
b. ECI should be granted with greater powers to regulate political parties.
c. State funding of elections.
d. Barring candidates facing serious criminal charges that have been framed by a
judge, filed at least one year prior to election & carry a potential sentence of 5
years or more.
e. Post-election action against candidates who won election & face serious pending
cases.
f. A fast-track judicial process for cases against sitting MLAs and MPs.
g. Provisions for exemption of Income Tax should be made applicable only to
political parties that contest & win seats in Parliament or Legislative Assemblies.
h. Ceiling of campaign expenditure by political parties.

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