NEW DELHI: Recognising that coalition politics has emerged strongly in recent years, the second Administrative Reforms Commission (ARC) has favoured a Constitutional amendment to ensure that if one or more political parties in a coalition with a common programme leave the coalition mid-stream then members of that party should seek a fresh mandate.

The six-member Commission, headed by Veerappa Moily, senior Congress leader and former Karnataka Chief Minister, suggested partial state funding of elections, tightening of the anti-defection law, a collegium for the appointment of the Chief Election Commissioner and other Commissioners, a Code of Ethics for Ministers and a law to define Office of Profit.

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.

Regional election bodies

Special Election Tribunals should be set up at the regional level under Article 323 of the Constitution to ensure speedy disposal of petitions and disputes within six months.

While recommending abolition of schemes such as MPLADs and MLALADs, the Commission felt these schemes "seriously erode the notion of separation of powers, as the legislator directly becomes the executive."

Judicial Council

Turning its focus on ethical framework for the Judiciary, it recommended that a National Judicial Council be constituted in line with universally accepted principles where the appointment of members of the judiciary should be by a collegium having representation of the executive, legislature and judiciary.

Members

The Council should have the Vice-President as chairperson and the Prime Minister, the Lok Sabha Speaker, the Chief Justice of India, the Law Minister and the Leader of Opposition in the Lok Sabha as well as in the Rajya Sabha as its members.

Apart from laying down the code of conduct for judges, including the subordinate judiciary, the National Judicial Council should recommend appointments of Supreme Court and High Court judges.

Probe into misconduct

It should be entrusted the task of oversight of the judges, and should be empowered to enquire into alleged misconduct and impose minor penalties. It can also recommend removal of a judge if so warranted.

In another significant recommendation, the Commission sought to take away the power of disqualification of MPs and MLAs on grounds of defection from the Presiding Officers and suggested that it be vested with the President and Governors on the advice of the Election Commission.

"Long delays"

"Such an amendment to the law seems to be unfortunately necessary in the light of the long delays seen in some recent cases of obvious defection."

On disqualification of candidates facing heinous charges, it said given the delays in the criminal justice system, disqualification after conviction for crimes may be an insufficient safeguard.

"Need for fair reconciliation"

"There are candidates who face grave criminal charges like murder, abduction, rape and dacoity unrelated to political agitation. In such cases, there is need for a fair reconciliation between the candidate's right to contest and the community's right to good representation.''

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

On the legal framework for fighting corruption, the Commission favoured widening the definition of corruption under the Prevention of Corruption Act (PCA) and came down heavily on "collusive bribery" for which the punishment should be double that of other cases of bribery.

Prior sanction should not be necessary for prosecuting a public servant trapped red-handed or in cases of possessing assets disproportionate to the known sources of income. The Presiding Officer of a House of Legislature should be designated as the sanctioning authority for MPs and MLAs respectively.

It suggested suitable amendment of the PCA to include in its purview private sector providers of public utility services and favoured enactment of a new law on "Serious Economic Offences."

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