NEW DELHI, 24 August — President A.P.J. Abdul Kalam, in a move seen as asserting his authority, has returned to the government for clarifications an ordinance that seeks to usher in limited poll reforms.
Rights groups have decried the ordinance as a dilution of a Supreme Court ruling aimed at bringing greater transparency and integrity in political life.
Kalam has sought clarifications on some of its provisions, especially the stipulation that candidates can be disqualified only if they are convicted in two criminal cases and not if they are merely accused of the crime, as the court said.
This is the first ordinance referred to Kalam since he became president on July 25. Law Minister K. Jana Krishnamurthy said the Cabinet would formulate an appropriate reply before returning the ordinance to Kalam for his approval and promulgation. According to former Lok Sabha Secretary General Subhash Kashyap, while the constitution provides for the president to return an ordinance for reconsideration, he cannot refuse assent as he is bound by the Cabinet’s advice.
"The government can refers the ordinance back to him and then he has to give his assent," Kashyap, a noted constitutional expert, said. The government wrote the ordinance after it could not bring a bill on electoral reforms before Parliament’s monsoon session concluded on Aug. 12.
Virtually all the political parties have displayed a rare unanimity in endorsing the provisions of a proposed law on electoral reforms, which will hopefully replace the ordinance in the next Parliament session.
Representatives of these political parties closed ranks last month to reject the Supreme Court ruling that asked candidates to disclose criminal backgrounds, educational qualifications and income details before contesting elections. The ordinance stipulates that candidates need not disclose the criminal cases against them and that only those nominees who had been convicted of two heinous offenses would be disqualified from contesting the polls.
Such crimes include murder, treason, kidnapping, rape, robbery, drug smuggling and terrorism. Many less serious crimes are not included. The ordinance also spares candidates from declaring their income and financial assets before contesting elections. Only those who get elected would need to do so, according to its provisions.
President’s returning ordinances to governments for reconsideration is not a very uncommon occurrence, Kashyap said. But only twice the issue became controversial — during the tenures of Zail Singh (1982-87) and R. Venkataraman (1987-92).
The electoral reforms ordinance seeks to amend the Representation of the People Act. It was sent to Kalam on Aug. 16.
That day, Kalam met a group of rights activists who urged him not to sign the ordinance without questioning its provisions.
The delegation told the president that the ordinance was "against the citizen’s right to information" about prospective candidates.
Said analyst N. Bhaskar Rao, who was part of the delegation: "The president agreed that any change in the election process should ensure transparency to cleanse the political system. Candidates should disclose criminal backgrounds."
