Challenges and inadequacies in RPA 1951 electoral framework

RPA dated → more than 200 parties have admitted. For exemptions without purifying any political work. Some data → 2 parties URPP modified ones ~1000 cases in last year. However EC X power to desiccation. This leads to money laundering, et (2) Increasing criminalisation of politics. UP Condition time → ↑ criminalisation → ↓ spirit of free & fair elections. APA 1951 decent have staggered provision to use it. (3) Increasing distribution of freebies. UK RPA 1951 has no provision to control the distribution of freebies → unfair field for smaller/newer parties. (4) Issue of missing voters. No provision for Remede voting. (5) Anonymous donations → financial irregularity. Home some reforms suggested in RPA 1951 → to make it more effective: (1) Give ECI power to desiccate parties. (2) Following Supreme Court guidelines, there should be some parameters to guide distribution of freebies. (3) Special commissions - like special courts, appointing ad-hoc judges for speedy trial of electoral cases. (4) To address problem of missing voters → provisions for 'dynamic postal ballot unit, relief peoples, loft. Can be undertaken after one consolidation. (5) To increase transparency in electoral funding → National Electoral Fund squeezed. Such funding of elections - provisions can be added. (6) Asserting MCC → stringent applicants. Regulate political consultancies. All these will ensure free & fair election vest form a part of basic scrutiny of our covey (Raj Narain case)

Constitution of India provides, for the office of CAG. CAG is the guardian of public purse and controls the entire gamut of financial administration, both at the center and the state. It is the chief auditing authority of the state govt and hence needs to be neutral. Dr Ambedkar justly said the CAG as the most single office under the constitution due to various powers & functions provided to this office like: (1) CAG is appointed by the President out can be only removed thru a special passed by general majority by both house. (2) Security of tenure – 6 yrs/65 years of age (3) Fixed service conditions (4) Reappointment not possible (5) Salary, allowance, etc. These decide by parliament (intent be disbanded) after CAG's appointment as → Charged out of consolidated fund of states → not trustable. All these ensure that CAG remain apolitical in discharging his/her duties efficiently.

Functions of CAG → Audit prior (?) of govt → annual expenditure ½ monthly allocations, any misappropriation of funds reported. → Avoid the trainee AUI, Appropriation AC in power undertaking. → Avoid gant companies → Parent report → President for legislatures scrutiny AISI → Avoid any over awards as specified by the Union/Governor. Challenges → Complexity of governance with increased use of technology → difficulty for CAG to audit. → Delay in reports/resent files by ever custodies. → Excessive interference in appointment. → No statutory recognition to the amend mode of IAAD offices mark → declared inefficient. → Exaggerated expenditures.

— LAVANYA GAUR · AIR 57